Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement. 52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively. 53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto. 54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F. 55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").
Appears in 2 contracts
Samples: Servicing Agreement (HASCO Trust 2007-He2), Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Seller shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Seller shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing EXHIBIT B Flow Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of See Item #99.7 EXHIBIT C Assignment and Assumption Exhibit Agreement [Intentionally Omitted] EXHIBIT D Serviced Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Numbxx xxx xxxxmals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Numbxx xxx xxxxmals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, .00 IF NOT APPLICABLE Number two decimals TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% Example .0025000 for .25% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of MI Coverage % of MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A code that identifies the account as an active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date Filed Relief/Dismissal The date the motion for Relief or Dismissal was filed with the BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (Servicer to Cross reference) Delinquency Status (Man Code) 30, 60, 90, BK, FC, REO, Claims or a code that can be decoded to determine the current status of the account. Loss Mit Denial Date Loss Mit Denial Date Eviction Atty Fees & Costs Eviction Atty Fees & Costs F/B 1st Due (if applicable) F/B 1st Due (if applicable) F/B Last Due (if applicable) F/B Last Due (if applicable) FC Atty Fees & Costs FC Atty Fees & Costs FC Flag A code that identifies the account as an active Foreclosure. FC Start Date (referral date) FC Start Date (referral date) FC Suspended Date FC Suspended Date FC Valuation Amount The value of the property as determined for the purpose of foreclosure. FC Valuation Date The date the property value was determined for the purpose of foreclosure. FC Valuation Source The type of valuation that was used to determine the Fc Valuation amount. FHA 27011A Transmitted Date FHA 27011A Transmitted Date FHA 27011B Transmitted Date FHA 27011B Transmitted Date FHA Case # FHA Case # FHA Part A Funds Received Date FHA Part A Funds Received Date First Payment Date First Payment Date Foreclosure Actual Sale Date Date F/C Reserved Exhibit D Reserved Exhibit E Form Sale Held VA Gaurantee % VA Gaurantee % Interest Advances Interest Advances Investor Loan Number Investor Loan Number INVESTOR/SECURITY BILLING SENT DATE Date claim submitted to investor Liquidation Status Type of Custodial Account Certification Exhibit PIF, S/S, 3rd Party etc. VA Loan Gaurantee Certificate Number VA Loan Gaurantee Certificate Number Loan Number Servicer Loan Number Loan Term Loan Term Loan Type Loan Type Loss Mit Approval Date Loss Mit Approval Date Loss Mit Flag (Man Code) A code that identifies the account as an active Loss Mit account. Loss Mit Removal Date The date the Loss Mit Department determined that Loss Mit Options were no longer a viable option. Loss Mit Start Date Loss Mit Set-up Date Loss Mit Type S/S, Forbearance, Repay, Mod,etc. Loss Mit Workstation Status Completed, Removed, Active MI Certificate Number MI Certificate Number MI Cost Price percentage, lender paid only MI Coverage Y/N MI Coverage Y/N Monthly MIP Cost The monthly fee paid to HUD to maintain coverage on the account. Next Payment Adjustment Date Next Payment Adjustment Date Next Rate Adjustment Date Next Rate Adjustment Date Occupancy Status Occupancy Status Occupancy Status Date The date the occupancy status reported was determined. Original Loan Amount Original Loan Amount Original Value Amount The value of the property as determined at the origination of the account. Origination Date The date the closing occurred to originate the loan. ORIGINATION VALUE DATE The date the original Value Amount was determined. ORIGINATION VALUE SOURCE The type of valuation that was used to determine the Original Value amount. Other Advance Expenses Total Advances minus all other/detail and total Ownership Code Paid in Full Date Date loan liquidated from system UPB removed Paid Off Code Part B Funds Received Date FHA/VA Only Partial Prepayment Amount Collected Post Petition Due Date Prepayment Expiration Date Term Prepayment Flag Prepayment Premium Collected Prepayment Waived Product Type Property Condition PROPERTY PRESERVATION FEES Property Type Realized Gain or Loss Reason for Default Reason Suspended Relief/Dismissal Hearing Date REO Repaired Value REO Value(As-is) REO Actual Closing Date REO Flag (Man Code) REO List Date REO List Price REO Net Sales proceeds REO Sales Price REO Scheduled Close Date REO Value Date REO VALUE SOURCE Repay First Due Date Repay Last Due Date Repay Next Due Date Repay Plan Broken Date Repay Plan Created Date SBO LOAN NUMBER Scheduled Balance Scheduled Due Date Servicing Fee State Street Address T&I Advances Title Approval Letter Received Date Title Package to HUD Date Title Package to VA Date VA Claim Funds Received Date VA Claim Submitted Date VA FIRST FUNDS RECEIVED AMOUNT VA FIRST FUNDS RECEIVED DATE VA NOE Submitted Date ZIP CODE FNMA ACTION CODE FNMA DELINQUENCY REASON XXXE EXHIBIT F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This SEC CERTIFICATION [Date] Structured Asset Securities Corporation 745 7th Avenue, 7th Floor New York, New York 10019 Aurora Loan Services, Inc. 2530 Xxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxxx, Xxxxxado 80014 Re: Strucxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxx, Mortgage Pass-Through Certificates, Series 2003-34A Reference is a made to the Reconstituted Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30October 1, 2006, and is executed between HSBC Bank (USA) Inc., as owner 2003 (the "OwnerAgreement"), by and Xxxxx Fargo Bankamong Lehman Brothers Holdings Inc. (the "LBH") and GreenPoint Mortgage Funxxxx, N.A., as servicer Inc. (the "Servicer") and acknowledged by Aurora Loan Services, Inc. (the "Master Servicer") and Wells Fargo Bank Minnesota, National Association, as Trustee (the "Trxxxxx").. I, [identify the certifying individual], a [title] of the Servicer, hereby certify to the Master Servicer and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. A-17 EXHIBIT B Flow Mortgage Loan Purchase, Warranties and Servicing Agreement.
52. New Agreement [See Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of 99.6] B-1 EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement [Intentionally Omitted] C-1 EXHIBIT D Reserved Exhibit EXHIBIT M Mortgage Loan Schedule On file at the offices of: Dechert LLP Xxxx Centre 0000 Xxxx Xxxxxx Xxxxxxxxxxxx, XX 00000-0000 Attn: Xxxxxx X. Xxxxxxx Telephone: (000) 000-0000 Telecopier: (000) 000-0000 D-1 EXHIBIT E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between EXHIBIT N TRANSACTION PARTIES Trustee: HSBC Bank (USA) , National Association Securities Administrator: U.S. Bank National Association Master Servicer: Aurora Loan Services LLC Credit Risk Manager: N/A PMI Insurer: N/A Interest Rate Swap Counterparty: HSBC Bank USA, National Association Interest Rate Cap Counterparty: N/A Servicers: Aurora Loan Services LLC, Bank of America, N.A., Colonial Savings F.A., Countrywide Home Loans Servicing LP, GreenPoint Mortgage Funding, Inc. and U.S. Bank National Association. Originators: Bank of America, N.A., Central Pacific Mortgage, Countrywide Home Loans, Inc., as owner (the "Owner")Freedom Mortgage Corp., GreenPoint Mortgage Funding, Inc., Meridias Capital, Inc., Option One Mortgage Corporation, Platinum Community Bank, FSB, Xxxx Mortgage Inc., Synovus Mortgage Corporation, Weichert Financial Services, WMC Mortgage Corp. and U.S. Bank National Association. Custodians: LaSalle Bank National Association, U.S. Bank National Association and Xxxxx Fargo Bank, N.A.N.A. Seller: Xxxxxx Brothers Holdings Inc. E-1 EXHIBIT F EXHIBIT K [Date] FORM OF ANNUAL CERTIFICATION Re: The Reconstituted Servicing Agreement dated as of May 1, 2007 (the “Agreement”), by and between Xxxxxx Brothers Holdings Inc. and GreenPoint Mortgage Funding, Inc. (the “Servicer”), and acknowledged by Aurora Loan Services LLC (the “Master Servicer”) and HSBC Bank USA, National Association, as servicer Trustee (the "“Trustee”). I, [identify the certifying individual], the [title] of the Servicer", certify to the Trustee, the Master Servicer and Structured Asset Securities Corporation (the “Depositor”)., and their officers, with the knowledge and intent that they will rely upon this certification, that: (1) I have reviewed the servicer compliance statement of the Servicer provided in accordance with Item 1123 of Regulation AB (the “Compliance Statement”), the report on assessment of the Company’s compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB (the “Servicing Criteria”), provided in accordance with Rules 13a-18 and 15d-18 under Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB (the “Servicing Assessment”), the registered public accounting firm’s attestation report provided in accordance with Rules 13a-18 and 15d-18 under the Exchange Act and Section 1122(b) of Regulation AB (the “Attestation Report”), and all servicing reports, officer’s certificates and other information relating to the servicing of the Mortgage Loans by the Servicer during 200[ ] that were delivered by the Servicer to any of the Depositor, the Master Servicer and the Trustee pursuant to the Agreement (collectively, the “Company Servicing Information”); (2) Based on my knowledge, the Company Servicing Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in the light of the circumstances under which such statements were made, not misleading with respect to the period of time covered by the Company Servicing Information; (3) Based on my knowledge, all of the Company Servicing Information required to be provided by the Company under the Agreement has been provided to the Depositor, the Master Servicer and the Trustee; (4) I am responsible for reviewing the activities performed by the Servicer as servicer under the Agreement, and based on my knowledge and the compliance review conducted in preparing the Compliance Statement and except as disclosed in the Compliance Statement, the Servicing Assessment or the Attestation Report, the Servicer has fulfilled its obligations under the Agreement in all material respects; and (5) The Compliance Statement required to be delivered by the Servicer pursuant to the Agreement, and the Servicing Assessment and Attestation Report required to be provided by the Servicer and by any Subservicer or Subcontractor pursuant to the Agreement, have been provided to the Depositor, the Master Servicer and the Trustee. Any material instances of noncompliance described in such reports have been disclosed to the Depositor, the Master Servicer and the Trustee. Any material instance of noncompliance with the Servicing Criteria has been disclosed in such reports. F-1 Date: _________________________ By:________________________________ Name: Title: F-2 EXHIBIT G EXHIBIT L SERVICING CRITERIA TO BE ADDRESSED IN REPORT ON ASSESSMENT OF COMPLIANCE The Servicer shall address, at a minimum, the criteria identified as below as “Applicable Servicing Criteria”, as identified by a xxxx in the column titled “Applicable Servicing Criteria”: Servicing Criteria Applicable Servicing Criteria Reference Criteria General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage loans are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X Cash Collection and Administration 1122(d)(2)(i) Payments on mortgage loans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. X Servicing Criteria Applicable Servicing Criteria Reference Criteria 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of mortgage loans serviced by the Servicer. X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X Pool Asset Administration 1122(d)(4)(i) Collateral or security on mortgage loans is maintained as required by the transaction agreements or related mortgage loan documents. X 1122(d)(4)(ii) Mortgage loan and related documents are safeguarded as required by the transaction agreements X Servicing Criteria Applicable Servicing Criteria Reference Criteria
Appears in 1 contract
Samples: Servicing Agreement
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement See Exhibit 99.18 EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit D-1 (Form Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Numxxx xxx xxximals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Numxxx xxx xxximals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that that, following the Trust Fundconsummation of the Securitization Transaction, the Master ServicerTrustee, the Depositor and the Trustee Certificate Insurer each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master ServicerTrustee, the Depositor and the Trustee Certificate Insurer as if they the Trustee and the Depositor were parties each a party to this Agreement, and the Trust Fund, the Master ServicerTrustee, the Depositor and the Trustee Certificate Insurer each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master ServicerTrustee, the Depositor and the Trustee Certificate Insurer hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached cancellation and surrender of the certificate insurance policy. [NO FURTHER TEXT ON THIS PAGE] IN WITNESS WHEREOF, CHL, Countrywide Servicing, the Guarantor and the Purchaser have caused their names to be signed hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective their respective officers thereunto duly authorized as of June 30the date first above written. GREENWICH CAPITAL FINANCIAL PRODUCTS, 2006INC. (Purchaser) By: /s/ Xxxx Xxxxxxxx Name: Xxxx Xxxxxxxx Title: Senior Vice President COUNTRYWIDE HOME LOANS, INC. (Seller) By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President COUNTRYWIDE HOME LOANS SERVICING LP By: Countrywide GP, Inc., its General Partner By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President FEDERAL HOME LOAN MORTGAGE CORPORATION, as Guarantor By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President, Non-Agency Portfolio Management STATE OF CONNECTICUT ) )ss.: COUNTY OF FAIRFIELD ) On the ____ day of ________, 200_ before me, a notary public in and for said State, appeared _______________________, personally known to me on the basis of satisfactory evidence to be a ____________________ of Greenwich Capital Financial Products, Inc., one of the corporations that executed the within instrument, and is also known to me to be the person who executed between HSBC Bank (USA) Inc., as owner (it on behalf of such corporation and acknowledged to me that such corporation executed the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")within instrument.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (Harborview Mortgage Loan Trust 2006-Cb1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Trust Agreement and are attached hereto all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as Exhibits X-0the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMXXXX, .00 XF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMXXXX, .00 XF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF
531. Exhibit H to the Servicing Agreement is hereby replaced in its entirety Deal Identifier by Exhibit E attached hereto.
54Loan 2. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").SBO Loan Number
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-4)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement [See Item #99.19] EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimals CURT0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CURT0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations ; provided, however, that no third party beneficiary designation will extend indemnification rights directly to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding any other terms of this Agreement, the parties agree that the overriding intent is for the Servicer to be entitled to deal with and through the Master Servicer in virtually all circumstances. This intent is not altered by anything herein, including without limitation, the following: any third party beneficiary designation of the Trustee; any requirement that the Servicer give notice to others with respect to third party claims; any indemnification of the Servicer for following instructions of others in selected circumstances; any indemnifications running from the Servicer to others; or any provisions allowing the Servicer in any circumstance to rely on instructions from others. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the Trustee's right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement; and upon such termination of the Trust Fund and the Trust Agreement, the Serviced Mortgage Loans shall no longer be governed by this Agreement but will be governed by terms of the relevant Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted EXHIBIT B Purchase Agreement [Intentionally Omitted] EXHIBIT C Mortgage Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Schedule [Intentionally Omitted] EXHIBIT D Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. See Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit 99.8 EXHIBIT E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit Agreement [Intentionally Omitted] EXHIBIT F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixedSEC CERTIFICATION [Date] Aurora Loan Services LLC 327 Inverness Drive South Englewood, CO 80112 Mail Stop Code - 3190 Xx: Xxxxxxxxxx Xxxxxxxxxx Xxxx Xxxxxxxe Loan Trust Mortgage Pass-rate and adjustableThrough Certificates, Series 2005-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").20 --------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-20)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement See Exhibit 99.11 EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D-1 (Form of Monthly Remittance Advice)FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form XXXXXXXX XXXXXX XXX XXXXXXX XXXXXXXXX XXXX XXXXXX XXXXX XXXX DESCRIPTION % of Loan Loss Report) are hereby added MI Coverage % of MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing Actual Bankruptcy Start Date (filing date) date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach Actual Notice of Intent Date (breach letter date) letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court Dismissal FIELD NAME DESCRIPTION
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
5234. New Exhibit D-1 Section 2
(Form a) of Monthly Remittance Advice), Exhibit D-2 Amendment Reg AB (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form Intent of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties; Reasonableness) is hereby added to amended as follows:
(a) The first paragraph of such subsection is amended by (1) replacing the Servicing Agreement words "the Purchaser and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to any Depositor" with "the Servicing Agreement Trust Fund, the Depositor, the Trustee and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment the Master Servicer" and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power (2) by replacing the words "the Purchaser or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loansany Depositor" with "the Trust Fund, dated and effective as of June 30the Depositor, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (Trustee or the "Master Servicer").; and
(b) The second paragraph of such subsection is amended by (1) replacing the words "Neither the Purchaser nor any Depositor" with "None of the Trust Fund, the Depositor, the Trustee and the Master Servicer," (2) by replacing the words
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trustee, to the extent it is acting on behalf of the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Master Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT dated March 21, 2002, among Banc of America Mortgage Capital Corporation, (the “Assignor”), Bank of America, N.A., (the “Assignee”) and ABN AMRO Mortgage Group, Inc. (the “Company”): For and in consideration of the sum of one dollar ($1.00) and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, and of the mutual covenants herein contained, the parties hereto hereby agree as follows:
1. With respect to the mortgage loans listed on Exhibit A hereto (the “Mortgage Loans”), the Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and interest of the Assignor, as Purchaser, in, to and under that certain Flow Sale and Servicing Agreement (the “Flow Sale and Servicing Agreement”), dated as of February 1, 2002, and the related Memorandum of Sale dated March 21, 2002 (together with the Flow Sale and Servicing Agreement, the “Flow Sale Agreement”), each by and between the Assignor and the Company, and the Mortgage Loans delivered thereunder by the Company to the Assignor, and that certain Custodial Agreement (the “Custodial Agreement”), dated as of February 1, 2002, by and among the Company, the Purchaser and LaSalle Bank National Association (the “Custodian”).
522. New Exhibit D-1 The Assignor warrants and represents to, and covenants with, the Assignee that:
a. The Assignor is the lawful owner of the Mortgage Loans with the full right to transfer the Mortgage Loans free from any and all claims and encumbrances whatsoever;
b. The Assignor has not received notice of, and has no knowledge of, any offsets, counterclaims or other defenses available to the Company with respect to the Flow Sale Agreement or the Mortgage Loans;
c. The Assignor has not waived or agreed to any waiver under, or agreed to any amendment or other modification of, the Flow Sale Agreement, the Custodial Agreement or the Mortgage Loans, including without limitation the transfer of the servicing obligations under the Flow Sale Agreement. The Assignor has no knowledge of, and has not received notice of, any waivers under or amendments or other modifications of, or assignments of rights or obligations under, the Flow Sale Agreement, the Custodial Agreement or the Mortgage Loans; and
d. Neither the Assignor nor anyone acting on its behalf has offered, transferred, pledged, sold or otherwise disposed of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security to, or solicited any offer to buy or accept a transfer, pledge or other disposition of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security from, or otherwise approached or negotiated with respect to the Mortgage Loans, any interest in the Mortgage Loans or any other similar security with, any person in any manner, or made any general solicitation by means of general advertising or in any other manner, or taken any other action which would constitute a distribution of the Mortgage Loans under the Securities Act of 1933 (Form the “Securities Act”) or which would render the disposition of Monthly Remittance Advicethe Mortgage Loans a violation of Section 5 of the Securities Act or require registration pursuant thereto.
3. That Assignee warrants and represent to, and covenants with, the Assignor and the Company pursuant to Section 12.10 of the Flow Sale Agreement that:
a. The Assignee agrees to be bound, as Purchaser, by all of the terms, covenants and conditions of the Flow Sale Agreement and the Custodial Agreement, and from and after the date hereof, the Assignee assumes for the benefit of each of the Company and the Assignor all of the Assignor’s obligations as purchaser or owner thereunder;
b. The Assignee understands that the Mortgage Loans have not been registered under the Securities Act or the securities laws of any state;
c. The purchase price being paid by the Assignee for the Mortgage Loans is in excess of $250,000.00 and will be paid by cash remittance of the full purchase price within 60 days of the sale;
d. The Assignee is acquiring the Mortgage Loans for investment for its own account only and not for any other person. In this connection, neither the Assignee nor any person authorized to act therefor has offered to sell the Mortgage Loans by means of any general advertising or general solicitation within the meaning of Rule 502(c) Regulation D promulgated under the Securities Act;
e. The Assignee considers itself a substantial sophisticated institutional investor having such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of investment in the Mortgage Loans;
f. The Assignee has been furnished with all information regarding the Mortgage Loans that it has requested from the Assignor or the Company;
g. Neither the Assignee nor anyone acting on its behalf has offered, transferred, pledged, sold or otherwise disposed of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security to, or solicited any offer to buy or accepted a transfer, pledge or other disposition of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security from, or otherwise approached or negotiated with respect to the Mortgage Loans, any interest in the Mortgage Loans or any other similar security with, any person in any manner which would constitute a distribution of the Mortgage Loans under the Securities Act or which would render the disposition of the Mortgage Loans a violation of Section 5 of the Securities Act or require registration pursuant thereto, nor will it act, nor has it authorized or will it authorize any person to act, in such manner with respect to the Mortgage Loans; and
h. Either (1) the Assignee is not an employee benefit plan (“Plan”) within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) or a plan (“Plan”) within the meaning of section 4975(e)(1) of the Internal Revenue Code of 1986 (“Code”), Exhibit D-2 and the Assignee is not directly or indirectly purchasing the Mortgage Loans on behalf of, investment manager of, as named fiduciary of, as trustee of, or with assets of, a Plan; or (Standard Layout 2) the Assignee’s purchase of the Mortgage Loans will not result in a prohibited transaction under section 406 of ERISA or section 4975 of the Code.
i. The Assignee’s address for Monthly Defaulted Loan Report) purposes of all notices and Exhibit D-3 (Form of Loan Loss Report) are hereby added correspondence related to the Mortgage Loans and the Flow Sale Agreement is: Bank of America, N.A. c/o Bank of America Mortgage Master Servicing Agreement Department 000 X. Xxxx Xxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Xxxx Xxxxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxx.xxxxxxxxx@xxxxxxxxxxxxx.xxx The Assignee’s wire transfer instructions for purposes of all remittances and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H payments related to the Servicing Mortgage Loans and the Flow Sale Agreement is hereby replaced in its entirety by Exhibit E attached hereto.is: For the account of Bank of America, N.A. ABA#: 000000000 A/C#: 000682260734 A/C Name: Bank of America ITF Clearing for SBO Investors and Various Mortgagors Taxpayer ID#: 00-0000000
544. A new Exhibit J (Transaction Parties) is hereby added Accuracy of the Flow Sale Agreement. The Company and the Assignor represent and warrant to the Servicing Agreement and is Assignee that (i) attached hereto as Exhibit F.
55. A new Exhibit K B is hereby added a true, accurate and complete copy of the Flow Sale Agreement, the Custodial Agreement and all amendments and modifications, if any, thereto, (ii) neither the Flow Sale Agreement nor the Custodial Agreement has been amended or modified in any respect, except as set forth in this Agreement, and (iii) no notice of termination has been given to the Servicing Company under the Flow Sale Agreement. The Company represents and warrants that through the date hereof the Company has serviced the Mortgage Loans in accordance with the terms of the Flow Sale Agreement.
5. Recognition of Assignee. From and after the date hereof, the Company shall note the transfer of the Mortgage Loans to the Assignee in its books and records, the Company shall recognize the Assignee as the owner of the Mortgage Loans and the Company shall service the Mortgage Loans for the benefit of the Assignee pursuant to the Flow Sale Agreement, the terms of which are incorporated herein by reference. It is the intention of the Assignor, the Company and the Assignee that the Flow Sale Agreement shall be binding upon and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form inure to the benefit of Acknowledgment Agreement Exhibit B Form of Assignment the Company and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate the Assignee and adjustable-rate residential first lien their respective successors and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")assigns.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 On file at the offices of: Dechert LLP Xxxx Centre 0000 Xxxx Xxxxxx Xxxxxxxxxxxx, XX 00000-0000 Attn: Xxxxxx X. Xxxxxxx Telephone: (Form of Monthly Remittance Advice), Exhibit D-2 000) 000-0000 Telecopier: (Standard Layout for Monthly Defaulted Loan Report000) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed000-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between 0000 Trustee: HSBC Bank (USA) , National Association Securities Administrator: U.S. Bank National Association Master Servicer: Aurora Loan Services LLC Credit Risk Manager: N/A PMI Insurer: N/A Interest Rate Swap Counterparty: HSBC Bank USA, National Association Interest Rate Cap Counterparty: N/A Servicers: Aurora Loan Services LLC, Bank of America, N.A., Colonial Savings F.A., Countrywide Home Loans Servicing LP, GreenPoint Mortgage Funding, Inc. and U.S. Bank National Association. Originators: Bank of America, N.A., Central Pacific Mortgage, Countrywide Home Loans, Inc., as owner (the "Owner")Freedom Mortgage Corp., GreenPoint Mortgage Funding, Inc., Meridias Capital, Inc., Option One Mortgage Corporation, Platinum Community Bank, FSB, Xxxx Mortgage Inc., Synovus Mortgage Corporation, Weichert Financial Services, WMC Mortgage Corp. and U.S. Bank National Association. Custodians: LaSalle Bank National Association, U.S. Bank National Association and Xxxxx Fargo Bank, N.A.N.A. Seller: Xxxxxx Brothers Holdings Inc. Re: The Reconstituted Servicing Agreement dated as of May 1, 2007 (the “Agreement”), by and between Xxxxxx Brothers Holdings Inc. and GreenPoint Mortgage Funding, Inc. (the “Servicer”), and acknowledged by Aurora Loan Services LLC (the “Master Servicer”) and HSBC Bank USA, National Association, as servicer Trustee (the "Servicer"“Trustee”).
I, [identify the certifying individual], the [title] of the Servicer, certify to the Trustee, the Master Servicer and Structured Asset Securities Corporation (the “Depositor”), and their officers, with the knowledge and intent that they will rely upon this certification, that:
(1) I have reviewed the servicer compliance statement of the Servicer provided in accordance with Item 1123 of Regulation AB (the “Compliance Statement”), the report on assessment of the Company’s compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB (the “Servicing Criteria”), provided in accordance with Rules 13a-18 and 15d-18 under Securities Exchange Act of 1934, as amended (the “Exchange Act”) and Item 1122 of Regulation AB (the “Servicing Assessment”), the registered public accounting firm’s attestation report provided in accordance with Rules 13a-18 and 15d-18 under the Exchange Act and Section 1122(b) of Regulation AB (the “Attestation Report”), and all servicing reports, officer’s certificates and other information relating to the servicing of the Mortgage Loans by the Servicer during 200[ ] that were delivered by the Servicer to any of the Depositor, the Master Servicer and the Trustee pursuant to the Agreement (collectively, the “Company Servicing Information”);
(2) Based on my knowledge, the Company Servicing Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in the light of the circumstances under which such statements were made, not misleading with respect to the period of time covered by the Company Servicing Information;
(3) Based on my knowledge, all of the Company Servicing Information required to be provided by the Company under the Agreement has been provided to the Depositor, the Master Servicer and the Trustee;
(4) I am responsible for reviewing the activities performed by the Servicer as servicer under the Agreement, and based on my knowledge and the compliance review conducted in preparing the Compliance Statement and except as disclosed in the Compliance Statement, the Servicing Assessment or the Attestation Report, the Servicer has fulfilled its obligations under the Agreement in all material respects; and
(5) The Compliance Statement required to be delivered by the Servicer pursuant to the Agreement, and the Servicing Assessment and Attestation Report required to be provided by the Servicer and by any Subservicer or Subcontractor pursuant to the Agreement, have been provided to the Depositor, the Master Servicer and the Trustee. Any material instances of noncompliance described in such reports have been disclosed to the Depositor, the Master Servicer and the Trustee. Any material instance of noncompliance with the Servicing Criteria has been disclosed in such reports. Date: _________________________ By:________________________________ Name: Title: The Servicer shall address, at a minimum, the criteria identified as below as “Applicable Servicing Criteria”, as identified by a xxxx in the column titled “Applicable Servicing Criteria”: 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the mortgage loans are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X 1122(d)(2)(i) Payments on mortgage loans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of mortgage loans serviced by the Servicer. X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X 1122(d)(4)(i) Collateral or security on mortgage loans is maintained as required by the transaction agreements or related mortgage loan documents. X 1122(d)(4)(ii) Mortgage loan and related documents are safeguarded as required by the transaction agreements X
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit #99.13 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Interim Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Interim Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement and are attached hereto as Exhibits X-0EXHIBIT C Mortgage Loan Purchase Agreement [INTENTIONALLY OMITTED] EXHIBIT D Serviced Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals E-1-rate and adjustable-rate residential first lien and second lien mortgage loans1 FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ Example .0025000 for .25% PTRATE PASS THRU RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations ; provided, however, that no third party beneficiary designation will extend indemnification rights directly to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding any other terms of this Agreement, the parties agree that the overriding intent is for the Servicer to be entitled to deal with and through the Master Servicer in virtually all circumstances. This intent is not altered by anything herein, including without limitation, the following: any third party beneficiary designation of the Trustee; any requirement that the Servicer give notice to others with respect to third party claims; any indemnification of the Servicer for following instructions of others in selected circumstances; any indemnifications running from the Servicer to others; or any provisions allowing the Servicer in any circumstance to rely on instructions from others. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the Trustee's right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement; and upon such termination of the Trust Fund and the Trust Agreement, the Serviced Mortgage Loans shall no longer be governed by this Agreement but will be governed by terms of the relevant Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted EXHIBIT B Purchase Agreement [INTENTIONALLY OMITTED] EXHIBIT C Mortgage Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Schedule [INTENTIONALLY OMITTED] EXHIBIT D Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit [INTENTIONALLY OMITTED] EXHIBIT E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixedSEC CERTIFICATION [Date] Aurora Loan Services, Inc. 0000 Xxxxx Xxxxxx Xxxx, Suite 601T Aurora, Colorado 80014 Re: Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-rate and adjustableThrough Certificates, Series 2004-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").1 --------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement and Servicing Agreement.all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number no decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS Number no decimals CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number two decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED .00 IF PAIDOFF Number two
1. Deal Identifier by Loan 52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted REO List Price
2. SBO Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
Number 53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.Date REO Offer Received
3. Loan Number 54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.Date REO Offer Accepted
4. Investor Loan Number 55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REO Scheduled Close Date 5. Xxxxxx Xxxxxxx 00. REO Actual Closing Date 6. City 57. REO Net Sales proceeds
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2004-10)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit 99.9 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Trust Agreement and are attached hereto all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as Exhibits X-0the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF
531. Exhibit H to the Servicing Agreement is hereby replaced in its entirety Deal Identifier by Exhibit E attached hereto.
54Loan 2. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").SBO Loan Number
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2005-3)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
5251. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are is hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectivelySWSA.
5352. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as SWSA.
53. Exhibit F.
55. A new Exhibit K H to the SWSA is hereby added replaced in its entirety by Exhibit M attached hereto. Exhibit D-1
Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Data Field Format Data Description % of MI coverage NUMBER(6,5) The percent of coverage provided by the PMI company in the event of loss on a defaulted loan. Actual MI claim filed date DATE(MM/DD/YYYY) Actual date that the claim was submitted to the Servicing Agreement and PMI company. Actual bankruptcy start date DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is attached hereto filed with the court. Actual MI claim amount filed NUMBER(15,2) The amount of the claim that was filed by the servicer with the PMI company. Actual discharge date DATE(MM/DD/YYYY) Actual date that the Discharge Order is entered in the bankruptcy docket. Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. Actual eviction complete date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are completed by local counsel. Actual eviction start date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are commenced by local counsel. Actual first legal date DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed the first legal action as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS defined by state statute. Actual redemption end date DATE(MM/DD/YYYY) Actual date that the foreclosure redemption period expires. Bankruptcy chapter VARCHAR2(2) 7= Chapter 7 filed 11= Chapter 11 filed Chapter of bankruptcy filed. 12= Chapter 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form filed 13= Chapter 13 filed Bankruptcy flag VARCHAR2(2) Y=Active Bankruptcy N=No Active Bankruptcy Servicer defined indicator that identifies that the property is an asset in an active bankruptcy case. Bankruptcy Case Number VARCHAR2(15) The court assigned case number of Acknowledgment Agreement Exhibit B Form the bankruptcy filed by a party with interest in the property. MI claim amount paid NUMBER(15,2) The amount paid to the servicer by the PMI company as a result of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form submitting an MI claim. MI claim funds received date DATE(MM/DD/YYYY) Actual date that funds were received from the PMI company as a result of Custodial Account Certification Exhibit F Form transmitting an MI claim. Current loan amount NUMBER(10,2) Current unpaid principal balance of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective the loan as of June 30the date of reporting to Aurora Master Servicing. Date FC sale scheduled DATE(MM/DD/YYYY) Date that the foreclosure sale is scheduled to be held. Date relief/dismissal granted DATE(MM/DD/YYYY) Actual date that the dismissal or relief from stay order is entered by the bankruptcy court. Date REO offer accepted DATE(MM/DD/YYYY) Actual date of acceptance of an REO offer. Date REO offer received DATE(MM/DD/YYYY) Actual date of receipt of an REO offer. Delinquency value NUMBER(10,2) Value obtained typically from a BPO prior to foreclosure referral not related to loss mitigation activity. Delinquency value source VARCHAR2(15) BPO= Broker's Price Opinion Appraisal=Appraisal Name of vendor or management company that provided the delinquency valuation amount. Delinquency value date DATE(MM/DD/YYYY) Date that the delinquency valuation amount was completed by vendor or property management company. Delinquency flag VARCHAR2(2) Y= 90+ delinq. Not in FC, 2006Bky or Loss mit N=Less than 90 days delinquent Servicer defined indicator that identifies that the loan is delinquent but is not involved in loss mitigation, foreclosure, bankruptcy or REO. Foreclosure flag VARCHAR2(2) Y=Active foreclosure N=No active foreclosure Servicer defined indicator that identifies that the loan is involved in foreclosure proceedings. Corporate expense balance NUMBER(10,2) Total of all cumulative expenses advanced by the servicer for non-escrow expenses such as but not limited to: FC fees and costs, bankruptcy fees and costs, property preservation and property inspections. Foreclosure attorney referral date DATE(MM/DD/YYYY) Actual date that the loan was referred to local counsel to begin foreclosure proceedings. Foreclosure valuation amount NUMBER(15,2) Value obtained during the foreclosure process. Usually as a result of a BPO and typically used to calculate the bid. Foreclosure valuation date DATE(MM/DD/YYYY) Date that foreclosure valuation amount was completed by vendor or property management company. Foreclosure valuation source VARCHAR2(80) BPO= Broker's Price Opinion Appraisal=Appraisal Name of vendor or management company that provided the foreclosure valuation amount. FHA 27011A transmitted date DATE(MM/DD/YYYY) Actual date that the FHA 27011A claim was submitted to HUD. FHA 27011 B transmitted date DATE(MM/DD/YYYY) Actual date that the FHA 27011B claim was submitted to HUD. VA LGC/ FHA Case number VARCHAR2(15) Number that is executed between HSBC Bank assigned individually to the loan by either HUD or VA at the time of origination. The number is located on the Loan Guarantee Certificate (USALGC) Inc.or the Mortgage Insurance Certificate (MIC). FHA Part A funds received date DATE(MM/DD/YYYY) Actual date that funds were received from HUD as a result of transmitting the 27011A claim. Foreclosure actual sale date DATE(MM/DD/YYYY) Actual date that the foreclosure sale was held. Servicer loan number VARCHAR2(15) Individual number that uniquely identifies loan as defined by servicer. Loan type VARCHAR2(2) 1=FHA Residential 2=VA Residential Type of loan being serviced generally defined by the existence of certain types of insurance. (ie: FHA, VA, conventional insured, conventional uninsured, SBA, etc.) 3=Conventional w/o PMI 4=Commercial 5=FHA Project 6=Conventional w/PMI 7=HUD 235/265 8=Daily Simple Interest Loan 9=Farm Loan U=Unknown S=Sub prime Loss mit approval date DATE(MM/DD/YYYY) The date determined that the servicer and mortgagor agree to pursue a defined loss mitigation alternative. Loss mit flag VARCHAR2(2) Y= Active loss mitigation N=No active loss mitigation Servicer defined indicator that identifies that the loan is involved in completing aloss mitigation alternative. Loss mit removal date DATE(MM/DD/YYYY) The date that the mortgagor is denied loss mitigation alternatives or the date that the loss mitigation alternative is completed resulting in a current or liquidated loan. Loss mit type VARCHAR2(2) L= Loss Mitigation LT=Ligitation pending The defined loss mitigation alternative identified on the loss mit approval date. NP=Pending non-performing sale CH= Charge off DI= Deed in lieu FB= Forbearance plan MO=Modification PC=Partial claim SH=Short sale VA=VA refunding Loss mit value NUMBER(10,2) Value obtained typically from a BPO prior to foreclosure sale intended to aid in the completion of loss mitigation activity. Loss mit value date DATE(MM/DD/YYYY) Name of vendor or management company that provided the loss mitigation valuation amount. Loss mit value source VARCHAR2(15) BPO= Broker's Price Opinion Appraisal=Appraisal Date that the lostt mitigation valuation amount was completed by vendor or property management company. MI certificate number VARCHAR2(15) A number that is assigned individually to the loan by the PMI company at the time of origination. Similar to the VA LGC/FHA Case Number in purpose. LPMI Cost NUMBER(7,7) The current premium paid to the PMI company for Lender Paid Mortgage Insurance. Occupancy status VARCHAR2(1) O=Owner occupied T=Tenant occupied The most recent status of the property regarding who if anyone is occupying the property. Typically a result of a routine property inspection. U=Unknown V=Vacant First Vacancy date/ Occupancy status date DATE(MM/DD/YYYY) The date that the most recent occupancy status was determined. Typically the date of the most recent property inspection. Original loan amount NUMBER(10,2) Amount of the contractual obligations (ie: note and mortgage/deed of trust). Original value amount NUMBER(10,2) Appraised value of property as owner of origination typically determined through the appraisal process. Origination date DATE(MM/DD/YYYY) Date that the contractual obligations (ie: note and mortgage/deed of trust) of the "Owner")mortgagor was executed. FHA Part B funds received date DATE(MM/DD/YYYY) Actual date that funds were received from HUD as a result of transmitting the 27011B claim. Post petition due date DATE(MM/DD/YYYY) The post petition due date of a loan involved in a chapter 13 bankruptcy. Property condition VARCHAR2(2) 1= Excellent 2=Good Physical condition of the property as most recently reported to the servicer by vendor or property management company. 3=Average 4=Fair 5=Poor 6=Very poor Property type VARCHAR2(2) 1=Single family 2=Town house Type of property secured by mortgage such as: single family, and Xxxxx Fargo Bank2-4 unit, N.A., as servicer (the "Servicer")etc.
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-Bc1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimaxx XXXX0XXXE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimaxx XXXX0XXXE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% E-1-rate and adjustable-rate residential first lien and second lien mortgage loans1 FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ PTRATE PASS THRU RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations ; provided, however, that no third party beneficiary designation will extend indemnification rights directly to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding any other terms of this Agreement, the parties agree that the overriding intent is for the Servicer to be entitled to deal with and through the Master Servicer in virtually all circumstances. This intent is not altered by anything herein, including without limitation, the following: any third party beneficiary designation of the Trustee; any requirement that the Servicer give notice to others with respect to third party claims; any indemnification of the Servicer for following instructions of others in selected circumstances; any indemnifications running from the Servicer to others; or any provisions allowing the Servicer in any circumstance to rely on instructions from others. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the Trustee's right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement; and upon such termination of the Trust Fund and the Trust Agreement, the Serviced Mortgage Loans shall no longer be governed by this Agreement but will be governed by terms of the relevant Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Servicing Agreement See Exhibit 99.19 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E FORM OF SERVICING OFFICER'S CERTIFICATE [Date] Aurora Loan Services Inc. 2530 South Parker Road, X-0 Suite 601 Aurora, Colorado 80014 Re: Xxxxxxxxxx Xxxxx Xxxxxxxxxx Corporation, Mortgage Pass-Through Certificates, Series 2004-12H ______________________________________________________________________ I, [name of certifying individual], a duly elected and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form acting officer of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Washington Mutual Bank, N.A., as servicer FA (the "Servicer"), certify pursuant to Section 4.4(b) of the Servicing Agreement dated as of February 1, 2004 (as from time to time amended or replaced by a reconstituted servicing or other successor servicing agreement, the "Servicing Agreement") between the Servicer and Lehman Brothers Bank, FSB (the "Owner") to the Owner and each other Xxxxxn entitled to receive servicing reports provided pursuant to Section 3.2(a) of the Servicing Agreement (the "Servicing Reports"), each Person, if any, who "controls" the Owner or such other Person within the meaning of the Securities Act of 1933, as amended, and their respective officers and directors, with respect to the calendar year immediately preceding the date of this Certificate (the "Relevant Year"), as follows:
1. For purposes of this Certificate, "Relevant Information" means the information in the certificate provided pursuant to Section 4.4(a) of the Servicing Agreement (the "Annual Compliance Certificate") for the Relevant Year and the information in all Servicing Reports provided by the Servicer during the Relevant Year. Based on my knowledge, the Relevant Information, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein which is necessary to make the statements made therein, in light of the circumstances under which such statements were made, not misleading as of the last day of the Relevant Year.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer Trustee (if direction by the Master Servicer Trustee is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
5249. New Exhibit D (Data File Elements) is hereby amended in its entirety by replacing it with Exhibits D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added ), each as attached hereto and which shall be mutually acceptable to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached parties hereto.
5450. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement SWSA. 2 CLIENT WF Client Number 3 INVNUM WF Investor Number 4 CATNUM WF Category Number 5 POOLNUM Pool Number 6 LOANNUMBER WF Loan Number 7 INVLNNO Investor Loan Number 8 SCHPRIN Scheduled Principal Payment 9 SCHNETINT Scheduled Net Interest Amount 10 CURTDATE Curtailment Date 11 CURTCOL Total Curtailment Amount 12 CURTADJ Total Curtailment Int Adjustment Amount 13 CURTREMIT Total Curtailment Remittance Amount 14 INTRATE Interest Rate 15 SFRATE Service Fee Rate 16 YIELD Pass Through Rate 17 PANDI Principal and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added Interest Payment 18 BEGSCHPB Beginning Scheduled Balance 19 ENDSCHPB Ending Scheduled Balance 20 BEGPB Beginning Principal Balance 21 ENDPB Ending Principal Balance 22 DUEDATE Due Date 23 PRINCOL Principal Collected 24 INTCOL Interest Collected 25 SFCOL Service Fee Collected 26 BUYDOWN Buydown Amount 27 SCHREMIT Schedule Principal and Net Interest Remittance Amount 28 TYPE Populated if "ARM" loan 29 PIFDATEPAID Payoff Date 30 PIFPRINPAID Payoff Principal Paid 31 PIFNETINTPAID Payoff Net Interest Paid 32 PIFPENALTYINTPAID Payoff Prepayment Penalty Paid 33 PIFREMIT Total Payoff Remittance Amount 34 PENDING Pending Transfer Flag 35 MESSAGE Messages 36 SORTABLELOANNUMBER Loan Number 37 NOTES Loan Notes from Reporter 38 PRINDIFF Loan Sale Difference 39 PRINADJ Loan Sale Difference Interest Adjustment 40 SSCRAREMIT Soldiers and Sailors Remittance Amount 41 CLAIMSREMIT Claims Remittance Amount 42 MISCREMIT Miscellaneous Remittance Amount 43 TOTALREMIT Total Remittance Amount 44 PPPAMOUNT Prepayment Penalty Calculated Amount 45 PPPWAIVED Prepayment Penalty Waived Amount 47 PPPPAIDBYSERVICER Prepayment Penalty Paid by the Servicer 48 MODEFFDATE Modification Effective Date 49 MODTYPE Modification Type (See Mod Type tab) 50 ACTIONCODE Action Code (See Action Code Tab - Just 63 & 65) 51 ACTUALDUEDATE Actual loan due date 52 ACTUALPRINBAL Actual Loan Principal Balance 2 Interest Rate, Term and Payment 3 Term and Payment 4 Bond Agency Requested Payment Change 5 Step Rate Mod - Predetermined P & I that graduates to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").maximum level
Appears in 1 contract
Samples: Servicing Agreement (RBSGC 2007-A)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Trust Agreement and are attached hereto all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as Exhibits X-0the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF
531. Exhibit H to the Servicing Agreement is hereby replaced in its entirety Deal Identifier by Exhibit E attached hereto.
54Loan 2. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").SBO Loan Number
Appears in 1 contract
Samples: Servicing Agreement (Amortizing Residential Collateral Trust, Series 2004-1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Agreement See Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of 99.8 EXHIBIT C Assignment and Assumption Exhibit Agreement [Intentionally Omitted] EXHIBIT D Schedule of Mortgage Loans [Intentionally Omitted] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number nodecimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number twodecimals XXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number twodecimals XXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number twodecimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number twodecimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number twodecimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number twodecimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number nodecimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number sevendecimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number sevendecimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number sevendecimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (referral date) 33. Actual Notice of Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement [See Exhibit 99.16] EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (ee) Exhibit D-1 H (Form Regulation AB Compliance Addendum) is hereby amended as follows:
(i) by deleting the words "of Monthly Remittance Adviceat least 10% of the pool assets in a Securitization Transaction or sub-pool thereof" from the first sentence in Section 2.03(e);
(ii) by deleting Section 2.03(h) in its entirety;
(iii) by replacing the words "March 15" with the words "March 1" in Sections 2.04 and 2.05;
(iv) by amending Section 2.07 in its entirety to read as follows:
(a) The Company shall indemnify the Purchaser, each affiliate of the Purchaser, and each of the following parties participating in a Securitization Transaction: each sponsor and issuing entity; each Person (including, but not limited to, any Master Servicer if applicable) responsible for the preparation, execution or filing of any report required to be filed with the Commission with respect to such Securitization Transaction, or for execution of a certification pursuant to Rule 13a-14(d) or Rule l5d-14(d) under the Exchange Act with respect to such Securitization Transaction; each broker dealer acting as underwriter, placement agent or initial purchaser, each Person who controls any of such parties or the Depositor (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act); and the respective present and former directors, officers, employees, agents and affiliates of each of the foregoing and of the Depositor (each, a "Purchaser Indemnified Party"), Exhibit D-2 and shall hold each of them harmless from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon:
(Standard Layout for Monthly Defaulted Loan Reporti) (A) any untrue statement of a material fact contained or alleged to be contained in any information, report, certification, data, accountant's letter or other material provided in written or electronic form under this Article II by or on behalf of the Company, or provided under this Article II by or on behalf of any Subservicer or Subcontractor (collectively, the "Company Information"), or (B) the omission or alleged omission to state in the Company Information a material fact required to be stated in the Company Information or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, by way of clarification, that clause (B) of this paragraph shall be construed solely by reference to the Company Information and not to any other information communicated in connection with a sale or purchase of securities, without regard to whether the Company Information or any portion thereof is presented together with or separately from such other information;
(ii) any breach by the Company of its obligations under this Article II, including particularly any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification, accountants' letter or other material when and as required under this Article II, including any failure by the Company to identify pursuant to Section 2.06(b) any Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB;
(iii) any breach by the Company of a representation or warranty set forth in Section 2.02(a) or in a writing furnished pursuant to Section 2.02(b) and Exhibit D-3 (Form made as of Loan Loss Report) are hereby added a date prior to the Servicing closing date of the related Securitization Transaction, to the extent that such breach is not cured by such closing date, or any breach by the Company of a representation or warranty in a writing furnished pursuant to Section 2.02(b) to the extent made as of a date subsequent to such closing date; or
(iv) the gross negligence, bad faith or willful misfeasance in the performance of the Company's duties, or by reason of reckless disregard of obligations and duties, under this Article II; If the indemnification provided for herein is unavailable or insufficient to hold harmless an Indemnified Party, then the Company agrees that it shall contribute to the amount paid or payable by such Indemnified Party as a result of any claims, losses, damages or liabilities incurred by such Indemnified Party in such proportion as is appropriate to reflect the relative fault of such Indemnified Party on the one hand and the Company on the other. In the case of any failure of performance described in clause (a)(ii) of this Section, the Company shall promptly reimburse the Purchaser, any Depositor, as applicable, and each Person responsible for the preparation, execution or filing of any report required to be filed with the Commission with respect to such Securitization Transaction, or for execution of a certification pursuant to Rule 13a-14(d) or Rule 15d-14(d) under the Exchange Act with respect to such Securitization Transaction, for all costs reasonably incurred by each such party in order to obtain the information, report, certification, accountants' letter or other material not delivered as required under Regulation AB by the Company, any Subservicer or any Subcontractor. This indemnification shall survive the termination of this Agreement or the termination of any party to this Agreement.
(i) Any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification, accountants' letter or other material when and as required under this Article II, or any breach by the Company of a representation or warranty set forth in Section 2.02(a) or in a writing furnished pursuant to Section 2.02(b) and made as of a date prior to the closing date of the related Securitization Transaction, to the extent that such breach is not cured by such closing date, or any breach by the Company of a representation or warranty in a writing furnished pursuant to Section 2.02(b) to the extent made as of a date subsequent to such closing date, shall immediately and automatically, without notice or grace period, constitute an Event of Default with respect to the Company under the Agreement and are attached hereto any applicable Reconstitution Agreement, and shall entitle the Purchaser or any Depositor, as Exhibits X-0applicable, X-0 in its sole discretion to terminate the rights and D-3obligations of the Company as servicer under the Agreement and/or any applicable Reconstitution Agreement without payment (notwithstanding anything in this Agreement or any applicable Reconstitution Agreement to the contrary) of any compensation to the Company (and if the Company is servicing any of the Mortgage Loans in a Securitization Transaction, respectivelyappoint a successor servicer reasonably acceptable to any Master Servicer for such Securitization Transaction); provided that to the extent that any provision of the Agreement and/or any applicable Reconstitution Agreement expressly provides for the survival of certain rights or obligations following termination of the Company as servicer, such provision shall be given effect.
53. Exhibit H (ii) Any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification or accountants' letter when and as required under Section 2.04 or 2.05, including (except as provided below) any failure by the Company to identify pursuant to Section 2.06(b) any Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB, which continues unremedied for ten calendar days after the date on which such information, report, certification or accountants' letter was required to be delivered shall constitute an Event of Default with respect to the Servicing Company under this Agreement and any applicable Reconstitution Agreement, and shall entitle the Purchaser, any Master Servicer or any Depositor, as applicable, in its sole discretion to terminate the rights and obligations of the Company as servicer under this Agreement and/or any applicable Reconstitution Agreement without payment (notwithstanding anything in this Agreement to the contrary) of any compensation to the Company; provided that to the extent that any provision of this Agreement and/or any applicable Reconstitution Agreement expressly provides for the survival of certain rights or obligations following termination of the Company as servicer, such provision shall be given effect. Neither the Purchaser, any Master Servicer nor any Depositor shall be entitled to terminate the rights and obligations of the Company pursuant to this subparagraph (b)(ii) if a failure of the Company to identify a Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB was attributable solely to the role or functions of such Subcontractor with respect to mortgage loans other than the Mortgage Loans.
(iii) The Company shall promptly reimburse the Purchaser (or any designee of the Purchaser, such as a master servicer) and any Depositor, as applicable, for all reasonable expenses incurred by the Purchaser (or such designee) or such Depositor, as such are incurred, in connection with the termination of the Company as servicer and the transfer of servicing of the Mortgage Loans to a successor servicer. The provisions of this paragraph shall not limit whatever rights the Purchaser or any Depositor may have under other provisions of the Agreement and/or any applicable Reconstitution Agreement or otherwise, whether in equity or at law, such as an action for damages, specific performance or injunctive relief.
(ff) Exhibit I is hereby revised and replaced in its entirety by the Special Foreclosure Rights provisions set forth on Exhibit E attached Three hereto.
54. A new Exhibit J (Transaction Partiesgg) is New Exhibits J, K and L are hereby added to containing the Servicing Agreement and is attached hereto as form of servicing reports set forth on Exhibit F.
55Six hereto. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").EXHIBIT THREE Special Foreclosure Rights Section
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-6)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% E-1-1 SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-1 (Form E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (ff) Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement D is hereby replaced deleted in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to and replaced with the Servicing Agreement and is form attached hereto as Exhibit F.Four.
55. A new (gg) Exhibit E is hereby deleted in its entirety and replaced with the form attached hereto as Exhibit Five.
(hh) Exhibit F, Exhibit G and Exhibit H are each hereby deleted in their entirety and replaced with the reporting formats attached hereto as Exhibit Six.
(ii) Exhibit I is hereby amended by removing the brackets from the right column in the blocks corresponding to the following Reference sections: 1122(d)(3)(ii), 1122(d)(3)(iii) and 1122(d)(3)(iv), and by inserting an "X" in the blocks corresponding to the following Reference sections: 1122(d)(4)(i), 1122(d)(4)(ii) and 1122(d)(4)(iii).
(jj) Exhibit J is hereby deleted in its entirety.
(kk) Exhibit K is hereby added to deleted in its entirety and replaced with the Servicing Agreement and is provisions attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Seven. EXHIBIT TWO List of Serviced Loans To be retained in a separate closing binder entitled "Luminent 2006-6 Mortgage Loan Schedule" at the Washington DC offices of Hunton & Williams LLP EXHIBIT THREE Servicing Agreement On File with Hunton & Williams LLP EXHIBIT FOUR Exhibit A D Form of Acknowledgment Agreement Exhibit B Form Request for Release of Assignment Documents and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form Receipt Wells Fargo Bank, N.A. 1015 Tenth Avenue Southeast Minneapolis, MN 00000 Attention: Mortgaxx Xxxxxxxx Xxxxxxx Xx xxxxxxxxxx xxxx xxx xxxxxistration of the mortgages held by you as Custodian under that certain Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loansAgreement, dated and effective as of June 30September 1, 2006, and is executed between HSBC Bank (USA) Inc., as owner 2006 (the "OwnerCUSTODIAL AGREEMENT"), and Xxxxx among Wells Fargo Bank, N.A., as servicer custodian (the "ServicerCUSTODIAN") and HSBC Banx XXX, National Association, as the trustee (the "TRUSTEE"), the [Master Servicer] [Servicer] hereby requests a release of the Mortgage File held by you as Custodian with respect to the following described Mortgage Loan for the reason indicated below.
Appears in 1 contract
Samples: Servicing Agreement (Luminent Mortgage Trust 2006-6)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement See Exhibit 99.17 EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number twx xxxxxxxx CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number twx xxxxxxxx CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF E-1-2 Exhibit D-1 (Form E-2 ----------- STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, on behalf of the Master ServicerTrust, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Seller/Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they it were parties a party to this Agreement, and the Trust FundTrustee, on behalf of the Master ServicerTrust, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Seller/Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding The Seller/Servicer acknowledges and agrees that the Master Servicer shall have the right to enforce the Seller/Servicer’s obligations under this Agreement for the benefit of the Trust and the Trustee, including the right to exercise, on behalf of the Trust and/or the Trustee, any and all of the remedies set forth in this Agreement as well as any remedies available at law or in equity; and as a consequence of the foregoing, all rights and obligations shall have the same benefit of the indemnification provided to the Trustee and the Trust Fund, hereunder. All such rights of the Master Servicer, the Depositor and the Trustee hereunder Servicer (other than the right its rights to indemnification) shall terminate upon the earlier of the termination of this Agreement in accordance with its terms or the termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52Trust. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS EXHIBITS EXHIBIT 1 POSSESSION MORTGAGE LOAN DOCUMENTS EXHIBIT 2 CONTENTS OF EACH MORTGAGE FILES; BOOKS AND RECORDS; FILE EXHIBIT 3 MORTGAGE LOAN SCHEDULE EXHIBIT 4 FORM OF CUSTODIAL AGREEMENT; DELIVERY ACCOUNT CERTIFICATION EXHIBIT 5 FORM OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION ESCROW ACCOUNT CERTIFICATION EXHIBIT 6 FORM OF COMMITMENT LETTER EXHIBIT 7 SERVICING CONTROL AGREEMENT EXHIBIT 8 FORM OF OPINION OF COUNSEL EXHIBIT 9 FORM OF OFFICER'S CERTIFICATE EXHIBIT 10 UNDERWRITING GUIDELINES THIS MORTGAGE LOAN SALE AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner AGREEMENT (the "OwnerAgreement"), dated as of April 1, 2003, is executed by and between ABN AMRO Mortgage Group, Inc. ("AAMG"), a Delaware corporation, as seller and as servicer (hereinafter referred to as the "Seller/Servicer"), and Xxxxx Fargo BankXxxxxxxxx Mortgage Home Loans, N.A.Inc., a Delaware corporation, as servicer purchaser (the "ServicerPurchaser").
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as SWSA.
54. Exhibit F.
55. A new Exhibit K H to the SWSA is hereby added to the Servicing Agreement and is replaced by Exhibit M attached hereto as hereto. EXHIBIT B-1 Xxxxx Xxxxxxxxx [See Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of 4.1] EXHIBIT B-2 Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Agreement [Intentionally omitted] EXHIBIT C-1 Seller's Warranties and Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30July 1, 20062005 Seller's Warranties and Servicing Agreement dated as of November 1, and 2005 [See Exhibit 99.6] EXHIBIT C-3 [See Exhibit 99.6] Exhibit D-1 MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two dexxxxxx XXXX1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two dexxxxxx XXXX2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-2 XXXXXXXX XXXXXX XXX XXXXXXX XXXXXXXXX XXXX XXXXXX ------------------------------------------------------------------------------------------------------------------------------------ Data Field Format Data Description ------------------------------------------------------------------------------------------------------------------------------------ % of MI coverage NUMBER(6,5) The percent of coverage provided by the PMI company in the event of loss on a defaulted loan. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim filed date DATE(MM/DD/YYYY) Actual date that the claim was submitted to the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual bankruptcy start date DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is executed between HSBC Bank (USAfiled with the court. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim amount filed NUMBER(15,2) Inc., The amount of the claim that was filed by the servicer with the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual discharge date DATE(MM/DD/YYYY) Actual date that the Discharge Order is entered in the bankruptcy docket. ------------------------------------------------------------------------------------------------------------------------------------ Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction complete date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are completed by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction start date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are commenced by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual first legal date DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed the first legal action as owner (defined by state statute. ------------------------------------------------------------------------------------------------------------------------------------ Actual redemption end date DATE(MM/DD/YYYY) Actual date that the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").foreclosure redemption period expires. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy chapter VARCHAR2(2) 7= Chapter 7 filed Chapter of bankruptcy filed. 11=Chapter 11 filed 12=Chapter 12 filed 13=Chapter 13 filed ------------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-3h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.Agreement EXHIBIT C Schedule of Serviced Mortgage Loans [INTENTIONALLY OMITTED] EXHIBIT D-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimalx XXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimalx XXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT D-2 SXXXXXXX XXXXXX XXX XXXXXXX XXXXXXXXX XXXX XXXXXX
520. New Exhibit D-1 Xxxx Xxxxxxxxxx xx Xxxx 0. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Form referral date) 33. Actual Notice of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53Mit Workstation Status 44. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Loss Mit Flag 45. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Loss Mit Type 46. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit #99.11 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Sale and Servicing Agreement EXHIBIT C Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT D Officer's Certificate Structured Asset Securities Corporation 745 7th Avenue, 7th Floor New York, New York 10019 Aurora Loan Services, Inc. 2530 Xxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxxx, Xxxxrado 80014 Re: Strxxxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxx, Mortgage Pass-Through Certificates, Series 2004-5H -------------------------------------------------------------- Reference is made to the Reconstituted Servicing Agreement.
52. New Exhibit D-1 , dated as of January 1, 2004 (Form of Monthly Remittance Advicethe "Agreement"), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) by and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) among Lehman Brothers Holdings Inc., as owner (the "Owner")seller, and Xxxxx Fargo BankGMAC Mortgage Corporatxxx, N.A., as xs servicer (the "Servicer").. I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Servicing Agreement (the "Servicing Information");
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Seller shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Seller shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Sale and Servicing Agreement See Exhibit 99.12 EXHIBIT C Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT D Officer's Certificate Structured Asset Securities Corporation c/o Aurora Loan Services, Inc. 2530 South Parker Road, Suite 601T Aurora, Colorado 80014 Aurora Loxx Xxxxxxxx, Xxx. 0000 South Parker Road, Suite 601T Aurora, Colorado 80014 Re: Xxxxxxxxxx Xxxxx Xxxxxxxxxx Corporation, Mortgage Pass-Through Certificates, Series 2004-12H Reference is made to the Reconstituted Servicing Agreement.
52. New Exhibit D-1 , dated as of May 1, 2004 (Form of Monthly Remittance Advicethe "Agreement"), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) by and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) among Lehman Brothers Holdings Inc., as owner (the "Owner")seller, and Xxxxx Fargo Bank, N.A.Chase Manhattan Mortgaxx Xxxporation, as servicer (the "Servicer"). The Servicer hereby certifies to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, that:
1. Based on our knowledge, the information prepared by the Servicer and relating to the mortgage loans serviced by the Servicer and provided by the Servicer to the Master Servicer in its reports to the Master Servicer is accurate and complete in all material respects as of the last day of the period covered by such report;
2. Based on our knowledge, the servicing information required to be provided to the Master Servicer by the Servicer pursuant to the Agreement has been provided to the Master Servicer;
3. Based upon the review required under the Agreement, and except as disclosed in its reports, the Servicer as of the last day of the period covered by such reports has fulfilled its obligations under the Agreement; and
4. The Servicer has disclosed to its independent auditor, who issues the independent auditor's report on the Uniform Single Attestation Program for Mortgage Bankers for the Servicer, any significant deficiencies relating to the Servicer's compliance with minimum servicing standards.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master ServicerDepositor, the Depositor Master Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master ServicerDepositor, the Depositor Master Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master ServicerDepositor, the Depositor Master Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master ServicerDepositor, the Depositor Master Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
5249. New Exhibit D (Data File Elements) is hereby amended in its entirety by replacing it with Exhibits D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added ), each as attached hereto and which shall be mutually acceptable to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53parties hereto. 50. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement SWSA. 2 CLIENT WF Client Number 3 INVNUM WF Investor Number 4 CATNUM WF Category Number 5 POOLNUM Pool Number 6 LOANNUMBER WF Loan Number 7 INVLNNO Investor Loan Number 8 SCHPRIN Scheduled Principal Payment 9 SCHNETINT Scheduled Net Interest Amount 10 CURTDATE Curtailment Date 11 CURTCOL Total Curtailment Amount 12 CURTADJ Total Curtailment Int Adjustment Amount 13 CURTREMIT Total Curtailment Remittance Amount 14 INTRATE Interest Rate 15 SFRATE Service Fee Rate 16 YIELD Pass Through Rate 17 PANDI Principal and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added Interest Payment 18 BEGSCHPB Beginning Scheduled Balance 19 ENDSCHPB Ending Scheduled Balance 20 BEGPB Beginning Principal Balance 21 ENDPB Ending Principal Balance 22 DUEDATE Due Date 23 PRINCOL Principal Collected 24 INTCOL Interest Collected 25 SFCOL Service Fee Collected 26 BUYDOWN Buydown Amount 27 SCHREMIT Schedule Principal and Net Interest Remittance Amount 28 TYPE Populated if "ARM" loan 29 PIFDATEPAID Payoff Date 30 PIFPRINPAID Payoff Principal Paid 31 PIFNETINTPAID Payoff Net Interest Paid 32 PIFPENALTYINTPAID Payoff Prepayment Penalty Paid 33 PIFREMIT Total Payoff Remittance Amount 34 PENDING Pending Transfer Flag 35 MESSAGE Messages 36 SORTABLELOANNUMBER Loan Number 37 NOTES Loan Notes from Reporter 38 PRINDIFF Loan Sale Difference 39 PRINADJ Loan Sale Difference Interest Adjustment 40 SSCRAREMIT Soldiers and Sailors Remittance Amount 41 CLAIMSREMIT Claims Remittance Amount 42 MISCREMIT Miscellaneous Remittance Amount 43 TOTALREMIT Total Remittance Amount 44 PPPAMOUNT Prepayment Penalty Calculated Amount 45 PPPWAIVED Prepayment Penalty Waived Amount 47 PPPPAIDBYSERVICER Prepayment Penalty Paid by the Servicer 48 MODEFFDATE Modification Effective Date 49 MODTYPE Modification Type (See Mod Type tab) 50 ACTIONCODE Action Code (See Action Code Tab - Just 63 & 65) 51 ACTUALDUEDATE Actual loan due date 52 ACTUALPRINBAL Actual Loan Principal Balance 2 Interest Rate, Term and Payment 3 Term and Payment 4 Bond Agency Requested Payment Change 5 Step Rate Mod - Predetermined P & I that graduates to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").maximum level
Appears in 1 contract
Samples: Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit 99.12 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT D Schedule of Mortgage Loans [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (referral date) 33. Actual Notice of Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit #99.16 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D-1 (Form FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court Date Loan Reinstated Date Loan Reinstated
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations ; provided, however, that no third party beneficiary designation will extend indemnification rights directly to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding any other terms of this Agreement, the parties agree that the overriding intent is for the Servicer to be entitled to deal with and through the Master Servicer in virtually all circumstances. This intent is not altered by anything herein, including without limitation, the following: any third party beneficiary designation of the Trustee; any requirement that the Servicer give notice to others with respect to third party claims; any indemnification of the Servicer for following instructions of others in selected circumstances; any indemnifications running from the Servicer to others; or any provisions allowing the Servicer in any circumstance to rely on instructions from others. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the Trustee's right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement; and upon such termination of the Trust Fund and the Trust Agreement, the Serviced Mortgage Loans shall no longer be governed by this Agreement but will be governed by terms of the relevant Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice)EXHIBIT B Purchase Agreement [INTENTIONALLY OMITTED] EXHIBIT C Mortgage Loan Schedule On File at the offices of: Dechert LLP Cira Centre 2929 Arch Street Phxxxxelphia, Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the PA 19104 Xxx: Xxxxxx X. Xxxxxxx 000.000.2777 tel 000.000.0000 Fax EXHIBIT D Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. (See Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit 99.10) EXHIBIT E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixedSEC CERTIFICATION [Date] Aurora Loan Services LLC 327 Inverness Drive South Englewood, CO 80112 Mail Stop Code - 3190 Xx: Xxxxxxxxxx Xxxxxxxxxx Xxxx Xxxxxxxe Loan Trust Mortgage Pass-rate and adjustableThrough Certificates, Series 2005-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").23 --------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (v) Exhibit D-1 (Form of Monthly Remittance Advice)M, Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) N and Exhibit D-3 (Form of Loan Loss Report) O are each hereby added to deleted in their entirety and replaced with the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is reporting formats attached hereto as Exhibit F.Four.
55. A new (w) Exhibit K L is hereby added to deleted in its entirety and replaced with the Servicing Agreement and is provisions attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Five. EXHIBIT TWO List of Serviced Loans To be retained in a separate closing binder entitled "Luminent 2006-6 Mortgage Loan Schedule" at the Washington DC offices of Hunton & Williams LLP EXHIBIT THREE Servicing Agreement On File with Hunton & Williams LLP [See Exhibit A 99.10] Exhibit Three-1 EXHIBIT FOUR Form of Acknowledgment Agreement Periodic Reports to Purchaser Exhibit B Form M STANDARD FILE LAYOUT - MASTER SERVICING Column Name Description Decimal Format Comment Max Size --------------------------- ------------------------------------------- ------- ----------------------------------- -------- SER_INVESTOR_NBR A value assigned by the Servicer to define Text up to 10 digits 20 a group of Assignment loans. LOAN_NBR A unique identifier assigned to each loan Text up to 10 digits 10 by the investor. SERVICER_LOAN_NBR A unique number assigned to a loan by the Text up to 10 digits 10 Servicer. This may be different than the LOAN_NBR. BORROWER_NAME The borrower name as received in the file. Maximum length of 30 (Last, First) 30 It is not separated by first and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power last name. SCHED_PAY_AMT Scheduled monthly principal and scheduled 2 No commas(,) or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This dollar signs ($) 11 interest payment that a borrower is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loansexpected to pay, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")P&I constant.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-6)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
5349. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as SWSA.
50. Exhibit F.
55. A new Exhibit K M (Affiliations) is hereby added to the Servicing SWSA. XXXXXXX X-0 Trust Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of [Intentionally Omitted] EXHIBIT B-2 Assignment and Assumption Exhibit Agreement [Intentionally Omitted] EXHIBIT C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a (SWSA) Seller's Warranties and Servicing Agreement (WFHM Series 2006-W26 and 2006-W27) Exhibit D-1 MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ----------------- ----------------------------------------------------------- -------------------------- Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Xxxxxxx X-0 XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT DATA FIELD FORMAT DATA DESCRIPTION ------------------------------------------------------------------------------------------------------------------------------------ % of MI coverage NUMBER(6, 5) The percent of coverage provided by the PMI company in the event of loss on a defaulted loan. Actual MI claim filed date DATE(MM/DD/YYYY) Actual date that the claim was submitted to the PMI company. Actual bankruptcy start date DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is filed with the court. Actual MI claim amount filed NUMBER(15, 2) The amount of the claim that was filed by the servicer with the PMI company. Actual discharge date DATE(MM/DD/YYYY) Actual date that the Discharge Order is entered in the bankruptcy docket. Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. Actual eviction complete date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are completed by local counsel. Actual eviction start date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are commenced by local counsel. Actual first lien and second lien mortgage loans, dated and effective legal date DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed the first legal action as defined by state statute. Actual redemption end date DATE(MM/DD/YYYY) Actual date that the foreclosure redemption period expires. Bankruptcy chapter VARCHAR2(2) 7= Chapter 7 filed Chapter of June 30, 2006, and bankruptcy filed. 11= Chapter 11 filed 12= Chapter 12 filed 13= Chapter 13 filed Bankruptcy flag VARCHAR2(2) Y=Active Bankruptcy Servicer defined indicator that N=No Active Bankruptcy identifies that the property is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")an asset in an active bankruptcy case.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-1 (Form E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Dismissal Date REO Offer Accepted Date REO Offer Accepted
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit #99.15 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit Agreement Intentionally Omitted EXHIBIT D Schedule of Mortgage Loans On file at the offices of: Dechert, LLP 4000 Xxxx Atlantic Tower 0000 Xxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxxx, Esq. EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (referral date) 33. Actual Notice of Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Indenture Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Indenture Trustee as if they it were parties a party to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Indenture Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Indenture Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund Issuer pursuant to the Pooling Transfer and Servicing Agreement.
5271. New Exhibit D-1 For the purposes of the SASCO Mortgage Loan Trust 2004-GEL2, Mortgage-Backed Notes, Series 2004-GEL2 transaction, the Indenture Trustee shall be U.S. Bank National Association, not in its individual capacity, but solely as indenture trustee (Form of Monthly Remittance Advicethe “Indenture Trustee”), Exhibit D-2 (Standard Layout for Monthly Defaulted or any successor in interest, or if any successor trustee shall be appointed under the provisions of the indenture dated as of June 1, 2004, between the Indenture Trustee and SASCO Mortgage Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to Trust 2004-GEL2, as issuer, then such successor in interest or successor trustee, as the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53case may be. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. ARTICLE I 1 DEFINITIONS 1 ARTICLE II 10 CONVEYANCE OF MORTGAGE LOANS; POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 10 ARTICLE III 13 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 13 ARTICLE IV 30 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 30 ARTICLE V 45 PAYMENTS TO OWNER 38 PURCHASER 45 ARTICLE VI 46 GENERAL SERVICING PROCEDURES 40 SERVICER 46 ARTICLE VII 49 COMPANY TO COOPERATE 46 49 ARTICLE VIII 49 THE SERVICER 47 SECURITIZATION TRANSACTIONS COMPANY 49 ARTICLE IX 51 REMOVAL OF MORTGAGE LOANS FROM AGREEMENT 51 ARTICLE X 53 DEFAULT 58 53 ARTICLE XI 55 TERMINATION 61 55 ARTICLE XII 55 MISCELLANEOUS PROVISIONS 61 55 EXHIBITS Exhibit A Form Mortgage Loan Schedule Exhibit A-1 Electronic Data File Exhibit B Contents of Acknowledgment Each Mortgage Loan File Exhibit C Custodial Agreement Exhibit B D Custodial Account Certifications Exhibit E Escrow Account Certifications Exhibit F Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Annual Certification Exhibit H Servicing Criteria Exhibit I Sarbanes Certification Form of Company’s Officer’s Certificate This is a Seller’s Warranties and Servicing Agreement for fixed-rate and adjustable-rate various residential first lien and second lien mortgage loans, dated and effective as of June 301, 20062004, and is executed between HSBC Bank (USA) Inc.Lxxxxx Brothers Bank, FSB, as owner purchaser (the "Owner"“Purchaser”), and Xxxxx Wxxxx Fargo Bank, N.A., as seller and servicer (the "Servicer"“Company”).
Appears in 1 contract
Samples: Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement [See Item #99.19] EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement and all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF % of MI Coverage % of MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by the REO Department Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A code that identifies the account as an active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is scheduled to occur. Date Filed Relief/Dismissal The date the motion for Relief or Dismissal was filed with the BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (Servicer to Cross reference) Delinquency Status (Man Code) 30, 60, 90, BK, FC, REO, Claims or a code that can be decoded to determine the current status of the account. Loss Mit Denial Date Loss Mit Denial Date Eviction Atty Fees & Costs Eviction Atty Fees & Costs F/B 1st Due (if applicable) F/B 1st Due (if applicable) F/B Last Due (if applicable) F/B Last Due (if applicable) FC Atty Fees & Costs FC Atty Fees & Costs FC Flag A code that identifies the account as an active Foreclosure. FC Start Date (referral date) FC Start Date (referral date) FC Suspended Date FC Suspended Date FC Valuation Amount The value of the property as determined for the purpose of foreclosure. FC Valuation Date The date the property value was determined for the purpose of foreclosure. FC Valuation Source The type of valuation that was used to determine the Fc Valuation amount. FHA 27011A Transmitted Date FHA 27011A Transmitted Date FHA 27011B Transmitted Date FHA 27011B Transmitted Date FHA Case # FHA Case # FHA Part A Funds Received Date FHA Part A Funds Received Date First Payment Date First Payment Date Foreclosure Actual Sale Date Date F/C Sale Held VA Guarantee % VA Guarantee % Interest Advances Interest Advances Investor Loan Number Investor Loan Number INVESTOR/SECURITY BILLING SENT DATE Date claim submitted to investor Liquidation Status Type of PIF, S/S, 3rd Party etc. VA Loan Guarantee Certificate Number VA Loan Guarantee Certificate Number Loan Number Servicer Loan Number Loan Term Loan Term Loan Type Loan Type Loss Mit Approval Date Loss Mit Approval Date Loss Mit Flag (Man Code) A code that identifies the account as an active Loss Mit account. Loss Mit Removal Date The date the Loss Mit Department determined that Loss Mit Options were no longer a viable option. Loss Mit Start Date Loss Mit Set-up Date Loss Mit Type S/S, Forbearance, Repay, Mod, etc. Loss Mit Workstation Status Completed, Removed, Active MI Certificate Number MI Certificate Number MI Cost Price percentage, lender paid only MI Coverage Y/N MI Coverage Y/N Monthly MIP Cost The monthly fee paid to HUD to maintain coverage on the account. Next Payment Adjustment Date Next Payment Adjustment Date Next Rate Adjustment Date Next Rate Adjustment Date Occupancy Status Occupancy Status Occupancy Status Date The date the occupancy status reported was determined. Original Loan Amount Original Loan Amount Original Value Amount The value of the property as determined at the origination of the account. Origination Date The date the closing occurred to originate the loan. ORIGINATION VALUE DATE The date the original Value Amount was determined. ORIGINATION VALUE SOURCE The type of valuation that was used to determine the Original Value amount. Other Advance Expenses Total Advances minus all other/detail and total Ownership Code Paid in Full Date Date loan liquidated from system UPB removed Paid Off Code Part B Funds Received Date FHA/VA Only Partial Prepayment Amount Collected Post Petition Due Date Prepayment Expiration Date Term Prepayment Flag Prepayment Premium Collected Prepayment Waived Product Type Property Condition PROPERTY PRESERVATION FEES Property Type Realized Gain or Loss Reason for Default Reason Suspended Relief/Dismissal Hearing Date REO Repaired Value REO Value(As-is) REO Actual Closing Date REO Flag (Man Code) REO List Date REO List Price REO Net Sales proceeds REO Sales Price REO Scheduled Close Date REO Value Date REO VALUE SOURCE Repay First Due Date Repay Last Due Date Repay Next Due Date Repay Plan Broken Date Repay Plan Created Date SBO LOAN NUMBER Scheduled Balance Scheduled Due Date Servicing Fee State Street Address T&I Advances Title Approval Letter Received Date Title Package to HUD Date Title Package to VA Date VA Claim Funds Received Date VA Claim Submitted Date VA FIRST FUNDS RECEIVED AMOUNT VA FIRST FUNDS RECEIVED DATE VA XXX Submitted Date ZIP CODE FNMA ACTION CODE FNMA DELINQUENCY REASON CODE Aurora Loan Services Inc. 0000 Xxxxx Xxxxxx Xxxx Suite 601 Aurora, Colorado 80014 Attn: Xxxxx Xxxxx Reference is made to the reconstituted servicing agreement listed on Exhibit A hereto (the “Agreement”) entered into by Countrywide Home Loans, Inc. (the “Servicer”). I, , a of the Servicer, hereby certify to Aurora Loan Services Inc. (the “Master Servicer”) and its respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Agreement (the “Servicing Information”).
522. New Exhibit D-1 (Form of Monthly Remittance Advice)Based on my knowledge, Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added the information relating to the Mortgage Loans submitted by the Servicer in its monthly reporting packages delivered to the Master Servicer to be included in the reports on Form 8-K and the annual report on Form 10-K with respect to the transactions relating to the Agreement, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the date of this certification;
3. Based on my knowledge, the Servicing Information required to be provided to the Master Servicer by the Servicer under the Agreement has been provided to the Master Servicer;
4. I am responsible for reviewing the activities performed by the Servicer under the Agreement and are attached hereto based upon the review required hereunder, and except as Exhibits X-0disclosed in the Annual Statement of Compliance, X-0 the Annual Independent Certified Public Accountant’s Servicing Report and D-3all servicing reports, respectively.
53. Exhibit H officer’s certificates and other information relating to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added servicing of the Mortgage Loans submitted to the Servicing Agreement and is attached hereto Master Servicer by the Servicer, the Servicer has, as Exhibit F.of the date of this certification fulfilled its obligations under the Agreement; and
555. A new Exhibit K is hereby added I have disclosed to the Servicing Agreement and is attached hereto Master Servicer all significant deficiencies relating to the Servicer’s compliance with the minimum servicing standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar standard as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification set forth in the Agreement. COUNTRYWIDE HOME LOANS, INC. By: Name: Title: Date: ● Selling This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USAannouncement amends the guide(s) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").indicated. ●
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-S2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Sale and Servicing Agreement [See Exhibit 99.16] EXHIBIT C Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT D Officer's Certificate Structured Asset Securities Corporation 745 7th Avenue, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Loan Services, Inc. 0000 Xxxxx Xxxxxx Xxxx, Suite 601T Aurora, Colorado 80014 Re: Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2004-18H Reference is made to the Reconstituted Servicing Agreement.
52. New Exhibit D-1 , dated as of September 1, 2004 (Form of Monthly Remittance Advicethe "Agreement"), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) by and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) among Xxxxxx Brothers Holdings Inc., as owner (the "Owner")seller, and Xxxxx Fargo Bank, N.A.GMAC Mortgage Corporation, as servicer (the "Servicer").. I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Servicing Agreement (the "Servicing Information");
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement [INTENTIONALLY OMMITED] EXHIBIT D Reserved Exhibit E Form Schedule of Custodial Account Certification Exhibit F Form Mortgage Loans [INTENTIONALLY OMMITED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT Data Field Format Data Description ---------- ------ ---------------- % of Escrow Account Certification Exhibit G Form MI coverage NUMBER(6,5) The percent of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This coverage provided by the PMI company in the event of loss on a defaulted loan. Actual MI claim filed date DATE(MM/DD/YYYY) Actual date that the claim was submitted to the PMI company. Actual bankruptcy start DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is a Servicing Agreement for fixed-rate and adjustable-rate residential date filed with the court. Actual MI claim amount NUMBER(15,2) The amount of the claim that was filed by filed the servicer with the PMI company. Actual discharge date DATE(MM/DD/YYYY) Actual date that the Discharge Order is entered in the bankruptcy docket. Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. Actual eviction complete DATE(MM/DD/YYYY) Actual date that the eviction proceedings date are completed by local counsel. Actual eviction start date DATE(MM/DD/YYYY) Actual date that the eviction proceedings are commenced by local counsel. Actual first lien and second lien mortgage loans, dated and effective legal date DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed the first legal action as defined by state statute. Actual redemption end date DATE(MM/DD/YYYY) Actual date that the foreclosure redemption period expires. Bankruptcy chapter VARCHAR2(2) 7= Chapter 7 filed 11= Chapter 11 filed Chapter of June 30, 2006, and bankruptcy filed. 12= Chapter 12 filed 13= Chapter 13 filed Bankruptcy flag VARCHAR2(2) Y=Active Bankruptcy N=No Active Bankruptcy Servicer defined indicator that identifies that the property is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")an asset in an active bankruptcy case.
Appears in 1 contract
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit 99.13 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (ff) Exhibit D-1 H (Form Regulation AB Compliance Addendum) is hereby amended as follows:
(i) by deleting Section 2.03(h) in its entirety;
(ii) by amending Section 2.07 in its entirety to read as follows: Exhibit Two-8
(a) The Company shall indemnify the Purchaser, each affiliate of Monthly Remittance Advicethe Purchaser, and each of the following parties participating in a Securitization Transaction: each sponsor and issuing entity; each Person (including, but not limited to, any Master Servicer if applicable) responsible for the preparation, execution or filing of any report required to be filed with the Commission with respect to such Securitization Transaction, or for execution of a certification pursuant to Rule 13a-14(d) or Rule l5d-14(d) under the Exchange Act with respect to such Securitization Transaction; each broker dealer acting as underwriter, placement agent or initial purchaser, each Person who controls any of such parties or the Depositor (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act); and the respective present and former directors, officers, employees, agents and affiliates of each of the foregoing and of the Depositor (each, a "Purchaser Indemnified Party"), Exhibit D-2 and shall hold each of them harmless from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon:
(Standard Layout for Monthly Defaulted Loan Reporti) (A) any untrue statement of a material fact contained or alleged to be contained in any information, report, certification, data, accountant's letter or other material provided in written or electronic form under this Article II by or on behalf of the Company, or provided under this Article II by or on behalf of any Subservicer or Subcontractor (collectively, the "Company Information"), or (B) the omission or alleged omission to state in the Company Information a material fact required to be stated in the Company Information or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided, by way of clarification, that clause (B) of this paragraph shall be construed solely by reference to the Company Information and not to any other information communicated in connection with a sale or purchase of securities, without regard to whether the Company Information or any portion thereof is presented together with or separately from such other information;
(ii) any breach by the Company of its obligations under this Article II, including particularly any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification, accountants' letter or other material when and as required under this Article II, including any failure by the Company to identify pursuant to Section 2.06(b) any Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB;
(iii) any breach by the Company of a representation or warranty set forth in Section 2.02(a) or in a writing furnished pursuant to Section 2.02(b) and Exhibit D-3 (Form made as of Loan Loss Report) are hereby added a date prior to the Servicing closing date of the related Securitization Transaction, to the extent that such breach is not cured by such closing date, or any breach by the Company of a representation or warranty in a writing furnished pursuant to Section 2.02(b) to the extent made as of a date subsequent to such closing date; or
(iv) the gross negligence, bad faith or willful misfeasance in the performance of the Company's duties, or by reason of reckless disregard of obligations and duties, under this Article II; provided, however, that in no event, other than with respect to any indemnification obligations of the Company relating to any Company Information provided by the Company for inclusion in the any prospectus, prospectus supplement, or any private placement memorandum, or in any amendment or supplement thereto, in a Securitization Transaction, will the Company be liable for any consequential or punitive damages pursuant to this Section 2.07, even if advised of the possibility of such damages. The Purchaser shall indemnify the Company, each Person who controls the Company (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act), and the respective present and former directors, officers, employees, agents and affiliates of each of the foregoing (each, a "Company Indemnified Party;" together with the Purchaser Indemnified Parties, the "Indemnified Parties"), and shall hold each of them harmless from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon any untrue statement contained or alleged to be contained in any filing with the Commission or the omission or alleged omission to state in any filing with the Commission a material fact required to be stated or necessary to be stated in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, in each case to the extent, but only to the extent, that such untrue statement, alleged untrue statement, omission, or alleged omission arose out of or was based upon any information or statement, other than the Company Information, in a filing with the Commission. If the indemnification provided for herein is unavailable or insufficient to hold harmless an Indemnified Party, then the Company agrees that it shall contribute to the amount paid or payable by such Indemnified Party as a result of any claims, losses, damages or liabilities incurred by such Indemnified Party in such proportion as is appropriate to reflect the relative fault of such Indemnified Party on the one hand and the Company on the other. In the case of any failure of performance described in clause (a)(ii) of this Section, the Company shall promptly reimburse the Purchaser, any Depositor, as applicable, and each Person responsible for the preparation, execution or filing of any report required to be filed with the Commission with respect to such Securitization Transaction, or for execution of a certification pursuant to Rule 13a-14(d) or Rule 15d-14(d) under the Exchange Act with respect to such Securitization Transaction, for all costs reasonably incurred by each such party in order to obtain the information, report, certification, accountants' letter or other material not delivered as required under Regulation AB by the Company, any Subservicer or any Subcontractor. This indemnification shall survive the termination of this Agreement or the termination of any party to this Agreement.
(i) Except as provided in the following paragraph, any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification, accountants' letter or other material when and as required under this Article II, or any breach by the Company of a representation or warranty set forth in Section 2.02(a) or in a writing furnished pursuant to Section 2.02(b) and made as of a date prior to the closing date of the related Securitization Transaction, to the extent that such breach is not cured by such closing date, or any breach by the Company of a representation or warranty in a writing furnished pursuant to Section 2.02(b) to the extent made as of a date subsequent to such closing date, shall immediately and automatically, without notice or grace period, constitute an Event of Default with respect to the Company under the Agreement and are attached hereto any applicable Reconstitution Agreement, and shall entitle the Purchaser or any Depositor, as Exhibits X-0applicable, X-0 in its sole discretion to terminate the rights and D-3obligations of the Company as servicer under the Agreement and/or any applicable Reconstitution Agreement without payment (notwithstanding anything in this Agreement or any applicable Reconstitution Agreement to the contrary) of any compensation to the Company (and if the Company is servicing any of the Mortgage Loans in a Securitization Transaction, respectivelyappoint a successor servicer reasonably acceptable to any Master Servicer for such Securitization Transaction); provided that to the extent that any provision of the Agreement and/or any applicable Reconstitution Agreement expressly provides for the survival of certain rights or obligations following termination of the Company as servicer, such provision shall be given effect.
53. Exhibit H (ii) Any failure by the Company, any Subservicer or any Subcontractor to deliver any information, report, certification or accountants' letter when and as required under Section 2.04 or 2.05, including (except as provided below) any failure by the Company to identify pursuant to Section 2.06(b) any Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB by the date on which such information, report, certification or accountants' letter is required to be delivered, without notice or grace period, shall constitute an Event of Default with respect to the Servicing Company under this Agreement and any applicable Reconstitution Agreement, and shall entitle the Purchaser, any Master Servicer or any Depositor, as applicable, in its sole discretion to terminate the rights and obligations of the Company as servicer under this Agreement and/or any applicable Reconstitution Agreement without payment (notwithstanding anything in this Agreement to the contrary) of any compensation to the Company; provided that to the extent that any provision of this Agreement and/or any applicable Reconstitution Agreement expressly provides for the survival of certain rights or obligations following termination of the Company as servicer, such provision shall be given effect. Neither the Purchaser, any Master Servicer nor any Depositor shall be entitled to terminate the rights and obligations of the Company pursuant to this subparagraph (b)(ii) if a failure of the Company to identify a Subcontractor "participating in the servicing function" within the meaning of Item 1122 of Regulation AB was attributable solely to the role or Exhibit Two-11 functions of such Subcontractor with respect to mortgage loans other than the Mortgage Loans.
(iii) The Company shall promptly reimburse the Purchaser (or any designee of the Purchaser, such as a master servicer) and any Depositor, as applicable, for all reasonable expenses incurred by the Purchaser (or such designee) or such Depositor, as such are incurred, in connection with the termination of the Company as servicer and the transfer of servicing of the Mortgage Loans to a successor servicer. The provisions of this paragraph shall not limit whatever rights the Purchaser or any Depositor may have under other provisions of the Agreement and/or any applicable Reconstitution Agreement or otherwise, whether in equity or at law, such as an action for damages, specific performance or injunctive relief.
(gg) Exhibit I is hereby revised and replaced in its entirety by the Special Foreclosure Rights provisions set forth on Exhibit E attached Three hereto.
54. A new Exhibit J (Transaction Partieshh) is New Exhibits J, K and L are hereby added to containing the Servicing Agreement and is attached hereto as form of servicing reports set forth on Exhibit F.
55Six hereto. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Two-12 EXHIBIT THREE ------------- Special Foreclosure Rights Section ----------------------------------
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2007-2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Exhibit Agreement EXHIBIT C Schedule of Serviced Mortgage Loans [Intentionally Omitted] EXHIBIT D-1 (Form of Monthly Remittance Advice)STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, Exhibit D-2 (Standard Layout REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-07.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXX X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Servicing Agreement and are attached hereto as Exhibits X-0See Exhibit 99.5 EXHIBIT C Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT D-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number nodecimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number twodecimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number twodecimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number twodecimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number twodecimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number twodecimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number twodecimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number nodecimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number sevendecimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number sevendecimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number sevendecimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXX X-0 and D-3, respectively.XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 03 2a)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT dated February 20, 2002, among Banc of America Mortgage Capital Corporation, (the “Assignor”), Bank of America, N.A., (the “Assignee”) and Xxxxx Fargo Home Mortgage, Inc. (the “Company”): For and in consideration of the sum of one dollar ($1.00) and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, and of the mutual covenants herein contained, the parties hereto hereby agree as follows:
1. With respect to the mortgage loans listed on Exhibit A hereto (the “Mortgage Loans”), the Assignor hereby grants, transfers and assigns to the Assignee all of the right, title and interest of the Assignor, as Purchaser, in, to and under that certain Seller’s Warranties and Servicing Agreement (the “Sale and Servicing Agreement”), dated as of February 1, 2002, and the related Mortgage Loan Purchase Agreement dated February 1, 2002 (together with the Sale and Servicing Agreement, the “Sale Agreement”), each by and between the Assignor and the Company, the Mortgage Loans delivered thereunder by the Company to the Assignor, and that certain Custody Agreement (the “Custody Agreement”), dated as of February 1, 2002, by and between the Purchaser and First Union National Bank (the “Custodian”).
522. New Exhibit D-1 The Assignor warrants and represents to, and covenants with, the Assignee that:
a. The Assignor is the lawful owner of the Mortgage Loans with the full right to transfer the Mortgage Loans free from any and all claims and encumbrances whatsoever;
b. The Assignor has not received notice of, and has no knowledge of, any offsets, counterclaims or other defenses available to the Company with respect to the Sale Agreement or the Mortgage Loans;
c. The Assignor has not waived or agreed to any waiver under, or agreed to any amendment or other modification of, the Sale Agreement, the Custody Agreement or the Mortgage Loans, including without limitation the transfer of the servicing obligations under the Sale Agreement. The Assignor has no knowledge of, and has not received notice of, any waivers under or amendments or other modifications of, or assignments of rights or obligations under, the Sale Agreement, the Custody Agreement or the Mortgage Loans; and
d. Neither the Assignor nor anyone acting on its behalf has offered, transferred, pledged, sold or otherwise disposed of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security to, or solicited any offer to buy or accept a transfer, pledge or other disposition of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security from, or otherwise approached or negotiated with respect to the Mortgage Loans, any interest in the Mortgage Loans or any other similar security with, any person in any manner, or made any general solicitation by means of general advertising or in any other manner, or taken any other action which would constitute a distribution of the Mortgage Loans under the Securities Act of 1933 (Form the “Securities Act”) or which would render the disposition of Monthly Remittance Advicethe Mortgage Loans a violation of Section 5 of the Securities Act or require registration pursuant thereto.
3. That Assignee warrants and represent to, and covenants with, the Assignor and the Company that:
a. The Assignee agrees to be bound, as Purchaser, by all of the terms, covenants and conditions of the Sale Agreement and the Custody Agreement, and from and after the date hereof, the Assignee assumes for the benefit of each of the Company and the Assignor all of the Assignor’s obligations as purchaser or owner thereunder;
b. The Assignee understands that the Mortgage Loans have not been registered under the Securities Act or the securities laws of any state;
c. The purchase price being paid by the Assignee for the Mortgage Loans is in excess of $250,000.00 and will be paid by cash remittance of the full purchase price within 60 days of the sale;
d. The Assignee is acquiring the Mortgage Loans for investment for its own account only and not for any other person. In this connection, neither the Assignee nor any person authorized to act therefor has offered to sell the Mortgage Loans by means of any general advertising or general solicitation within the meaning of Rule 502(c) Regulation D promulgated under the Securities Act;
e. The Assignee considers itself a substantial sophisticated institutional investor having such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of investment in the Mortgage Loans;
f. The Assignee has been furnished with all information regarding the Mortgage Loans that it has requested from the Assignor or the Company;
g. Neither the Assignee nor anyone acting on its behalf has offered, transferred, pledged, sold or otherwise disposed of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security to, or solicited any offer to buy or accepted a transfer, pledge or other disposition of the Mortgage Loans, any interest in the Mortgage Loans or any other similar security from, or otherwise approached or negotiated with respect to the Mortgage Loans, any interest in the Mortgage Loans or any other similar security with, any person in any manner which would constitute a distribution of the Mortgage Loans under the Securities Act or which would render the disposition of the Mortgage Loans a violation of Section 5 of the Securities Act or require registration pursuant thereto, nor will it act, nor has it authorized or will it authorize any person to act, in such manner with respect to the Mortgage Loans;
h. Either (1) the Assignee is not an employee benefit plan (“Plan”) within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) or a plan (“Plan”) within the meaning of section 4975(e)(1) of the Internal Revenue Code of 1986 (“Code”), Exhibit D-2 and the Assignee is not directly or indirectly purchasing the Mortgage Loans on behalf of, investment manager of, as named fiduciary of, as trustee of, or with assets of, a Plan; or (Standard Layout 2) the Assignee’s purchase of the Mortgage Loans will not result in a prohibited transaction under section 406 of ERISA or section 4975 of the Code; and
i. The Assignee’s address for Monthly Defaulted Loan Report) purposes of all notices and Exhibit D-3 (Form of Loan Loss Report) are hereby added correspondence related to the Mortgage Loans and the Sale Agreement is: Bank of America, N.A. c/o Bank of America Mortgage Master Servicing Agreement Department 000 X. Xxxx Xxxxxx, Xxxxx 000 Xxxxxxxxxx, Xxxxxxxx 00000 Attention: Xxxx Xxxxxxxxx Telephone: (000) 000-0000 Fax: (000) 000-0000 Email: xxxx.xxxxxxxxx@xxxxxxxxxxxxx.xxx The Assignee’s wire transfer instructions for purposes of all remittances and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H payments related to the Servicing Mortgage Loans and the Sale Agreement is hereby replaced in its entirety by Exhibit E attached hereto.is: For the account of Bank of America, N.A. ABA#: 000000000 A/C#: 000682260734 A/C Name: Bank of America ITF Clearing for SBO Investors and Various Mortgagors Taxpayer ID#: 00-0000000
544. A new Exhibit J (Transaction Parties) is hereby added Accuracy of the Sale Agreement. The Company and the Assignor represent and warrant to the Servicing Agreement and is Assignee that (i) attached hereto as Exhibit F.
55. A new Exhibit K B is hereby added a true, accurate and complete copy of the Sale Agreement, the Custody Agreement and all amendments and modifications, if any, thereto, (ii) neither the Sale Agreement nor the Custody Agreement has been amended or modified in any respect, except as set forth in this Agreement, and (iii) no notice of termination has been given to the Servicing Company under the Sale Agreement. The Company represents and warrants that through the date hereof the Company has serviced the Mortgage Loans in accordance with the terms of the Sale Agreement.
5. Recognition of Assignee. From and after the date hereof, the Company shall note the transfer of the Mortgage Loans to the Assignee in its books and records, the Company shall recognize the Assignee as the owner of the Mortgage Loans and the Company shall service the Mortgage Loans for the benefit of the Assignee pursuant to the Sale Agreement, the terms of which are incorporated herein by reference. It is the intention of the Assignor, the Company and the Assignee that the Sale Agreement shall be binding upon and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form inure to the benefit of Acknowledgment Agreement Exhibit B Form of Assignment the Company and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate the Assignee and adjustable-rate residential first lien their respective successors and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer")assigns.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-26)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit 99.14 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit #99.17 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [Intentionally Omitted] STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT D-2 XXXXXXXX XXXXXX XXX XXXXXXX XXXXXXXXX XXXX XXXXXX
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, on behalf of the Master ServicerTrust, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Seller/Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they it were parties a party to this Agreement, and the Trust FundTrustee, on behalf of the Master ServicerTrust, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Seller/Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding The Seller/Servicer acknowledges and agrees that the Master Servicer shall have the right to enforce the Seller/Servicer's obligations under this Agreement for the benefit of the Trust and the Trustee, including the right to exercise, on behalf of the Trust and/or the Trustee, any and all of the remedies set forth in this Agreement as well as any remedies available at law or in equity; and as a consequence of the foregoing, all rights and obligations shall have the same benefit of the indemnification provided to the Trustee and the Trust Fund, hereunder. All such rights of the Master Servicer, the Depositor and the Trustee hereunder Servicer (other than the right its rights to indemnification) shall terminate upon the earlier of the termination of this Agreement in accordance with its terms or the termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52Trust. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS EXHIBITS EXHIBIT 1 POSSESSION EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 EXHIBIT 5 EXHIBIT 6 EXHIBIT 7 EXHIBIT 8 EXHIBIT 9 EXHIBIT 10 MORTGAGE LOAN DOCUMENTS CONTENTS OF EACH MORTGAGE FILES; BOOKS AND RECORDS; FILE MORTGAGE LOAN SCHEDULE FORM OF CUSTODIAL AGREEMENT; DELIVERY ACCOUNT CERTIFICATION FORM OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION ESCROW ACCOUNT CERTIFICATION FORM OF COMMITMENT LETTER SERVICING CONTROL AGREEMENT FORM OF OPINION OF COUNSEL FORM OF OFFICER'S CERTIFICATE UNDERWRITING GUIDELINES THIS MORTGAGE LOAN SALE AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner AGREEMENT (the "OwnerAgreement"), dated as of October 1, 2002, is executed by and between ABN AMRO Mortgage Group, Inc. ("AAMG"), a Delaware corporation, as seller and as servicer (hereinafter referred to as the "Seller/Servicer"), and Xxxxx Fargo BankXxxxxxxxx Mortgage Home Loans, N.A.Inc., a Delaware corporation, as servicer purchaser (the "ServicerPurchaser").
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement [See Exhibit 99.18] EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Sale and Servicing Agreement.
52. Agreement See Item #99.8 EXHIBIT C Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT D Officer's Certificate Structured Asset Securities Corporation 745 7th Avenue, 7th Floor New Exhibit D-1 (Form of Monthly Remittance Advice)York, Exhibit D-2 (Standard Layout for Monthly Defaulted New York 10019 Aurora Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added Services, Inc. 2530 Xxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxxx, Xxxxrado 80014 Re: Stxxxxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxx, Mortgage Pass-Through Certificates, Series 2003-33H ---------------------------------------------------------------------- Reference is made to the Reconstituted Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loansAgreement, dated and effective as of June 30October 1, 2006, and is executed between HSBC Bank (USA) Inc., as owner 2003 (the "OwnerAgreement"), by and Xxxxx Fargo Bank, N.A.among Lehman Brothers Holdings, as servicer seller and GMAC Mortgage Corporation, ax xxxxicer (the "Servicer"). I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Servicing Agreement (the "Servicing Information").
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall Schedule A-12 terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (oo) Exhibit D-1 B is hereby amended by replacing the words "Wachovia Bank, National Association" in paragraph (3) with the words "Trustee of Luminent Mortgage Trust 2006-7".
(pp) Exhibit C is hereby amended by replacing the words "Wachovia Bank, National Association" with the words "Trustee of Luminent Mortgage Trust 2006-7".
(qq) Exhibit D is hereby amended by replacing the words "Wachovia Bank, National Association" with the words "Trustee of Luminent Mortgage Trust 2006-7".
(rr) Exhibit E is hereby amended by replacing the words "Wachovia Bank, National Association" with the words "Trustee of Luminent Mortgage Trust 2006-7".
(ss) Exhibit F is hereby amended by replacing the words "Wachovia Bank, National Association" with the words "Trustee of Luminent Mortgage Trust 2006-7".
(tt) Exhibit G-1 is hereby amended as follows:
(i) by replacing the address block at the top of the first page with the following: Maia Mortgage Finance Statutory Trust 000 Xxxxxxxxxx Xx., 00xx Xxxxx Xxx Xxxxxxxxx, Xxxxxxxxxx 00000;
(ii) by replacing the name "Xxxxx Xxxxxxx" with "Xxxxxxxxxxx Xxxx"; and
(iii) by replacing the words "Wachovia Bank, National Association" with the words "Trustee of Luminent Mortgage Trust 2006-7".
(uu) Exhibit J is hereby deleted in its entirety and marked "Reserved".
(vv) Exhibit M to the Master Agreement (Form of Monthly Remittance Advice), Officer's Certificate) is deleted in its entirety and is replaced by Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 A (Form of Loan Loss ReportAnnual Certification) are hereby added of the Agreement (Compliance with Regulation AB) attached as Exhibit A-2 hereto.
(ww) Exhibit N to the Servicing Master Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement (Nat City Monthly Data Reports) is hereby replaced deleted in its entirety by and is replaced with Exhibit E attached heretoOne hereto (The Form of Periodic Reports to Purchaser).
54. A new (xx) Exhibit J Two attached hereto (Transaction Parties"Special Foreclosure Rights Section") is hereby added attached to the Servicing Master Agreement and is as Exhibit O.
(yy) The agreement attached hereto as Exhibit F.
55. A new Exhibit K A-3 ("Compliance with Regulation AB") is hereby added to the Servicing Agreement and is attached hereto amended as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").follows:
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-7)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Sale and Servicing Agreement (retained in a separate closing binder entitled "SASCO 2001-16H Master Servicing Agreement" at XxXxx Xxxxxx LLP) EXHIBIT C Master Mortgage Loan Purchase and Warranties Agreement (retained in a separate closing binder entitled "SASCO 2001-16H Master Mortgage Loan Purchase and Warranties Agreement" at XxXxx Xxxxxx LLP) EXHIBIT D Mortgage Loan Schedules (retained in a separate closing binder entitled "SASCO 2001-16H Mortgage Loan Schedule" at XxXxx Xxxxxx LLP) EXECUTION COPY MASTER SERVICING AGREEMENT between CENTRE CAPITAL GROUP, INC.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) OWNER and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0BANK OF AMERICA, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 N.A. SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective Dated as of June 30May ___, 2006, 2000 Fixed and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Adjustable Rate Mortgage Loans TABLE OF CONTENTS Page ARTICLE I DEFINITIONS
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.Agreements EXHIBIT C Schedule of Serviced Mortgage Loans [Intentionally Omitted] EXHIBIT D-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXX X-0 XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT
521. New Exhibit D-1 Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Form referral date) 33. Actual Notice of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53Mit Workstation Status 44. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Loss Mit Flag 45. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Loss Mit Type 46. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53SECTION 1. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION SECTION 2. PURCHASE AND CONVEYANCE 10 SECTION 3. MORTGAGE LOAN SCHEDULE SECTION 4. PURCHASE PRICE 10 SECTION 5. EXAMINATION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; FILES 10 SECTION 6. DELIVERY OF MORTGAGE LOAN DOCUMENTS 12 REPRESENTATIONS 11 Subsection 6.01. Possession of Mortgage Files 11 Subsection 6.02. Books and Records 11 Subsection 6.03. Delivery of Mortgage Loan Documents SECTION 7. REPRESENTATIONS, WARRANTIES AND WARRANTIES COVENANTS; REMEDIES AND FOR BREACH 14 Subsection 7.01. Representations and Warranties Regarding Individual Mortgage Loans Subsection 7.02. Seller and Servicer Representations Subsection 7.03. Remedies for Breach of Representations and Warranties SECTION 8. CLOSING 25 SECTION 9. CLOSING DOCUMENTS 25 SECTION 10. COSTS 25 SECTION 11. ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective Subsection 11.01. Servicer to Act as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").; Subservicing
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
5351. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as SWSA.
52. Exhibit F.
55. A new Exhibit K H to the SWSA is hereby added to the Servicing replaced by Exhibit M attached hereto. XXXXXXX X-0 Trust Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT B-2 Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Agreement EXHIBIT C-1 Seller's Warranties and Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30November 1, 20062005 (WFHM 2005-W91) EXHIBIT C-2 Seller's Warranties and Servicing Agreement dated as of November 1, and 2005 (WFHM 2005-W94) EXHIBIT X-0 XXXX Xxxxxxx X-0 MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT --------- ----------- ------- Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXX X-0 XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT ------------------------------------------------------------------------------------------------------------------------------------ DATA FIELD FORMAT DATA DESCRIPTION ------------------------------------------------------------------------------------------------------------------------------------ % of MI coverage NUMBER(6,5) The percent of coverage provided by the PMI company in the event of loss on a defaulted loan. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim DATE(MM/DD/YYYY) Actual date that the claim was submitted to filed date the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual bankruptcy DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is executed between HSBC Bank (USAstart date filed with the court. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim NUMBER(15,2) Inc., The amount of the claim that was filed by amount filed the servicer with the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual discharge DATE(MM/DD/YYYY) Actual date that the Discharge Order is date entered in the bankruptcy docket. ------------------------------------------------------------------------------------------------------------------------------------ Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings complete date are completed by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings start date are commenced by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual first DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed legal date the first legal action as owner (defined by state statute. ------------------------------------------------------------------------------------------------------------------------------------ Actual redemption DATE(MM/DD/YYYY) Actual date that the "Owner"), and Xxxxx Fargo Bank, N.A., foreclosure redemption end date period expires. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy VARCHAR2(2) 7=Chapter 7 filed 11=Chapter 11 filed Chapter of bankruptcy filed. chapter 12=Chapter 12 filed 13=Chapter 13 filed ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy flag VARCHAR2(2) Y=Active Bankruptcy N=No Active Bankruptcy Servicer defined indicator that identifies that the property is an asset in an active bankruptcy case. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy Case VARCHAR2(15) The court assigned case number of the Number bankruptcy filed by a party with interest in the property. ------------------------------------------------------------------------------------------------------------------------------------ MI claim amount NUMBER(15,2) The amount paid to the servicer by the PMI paid company as servicer (the "Servicer").a result of submitting an MI claim. ------------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, Trustee and the Master Servicer, the Depositor and the Trustee Servicer each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they the Trustee were parties a party to this Agreement, and the Trust Fund, Trustee and the Master Servicer, the Depositor and the Trustee Servicer each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. This is a Master Flow Sale and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective effective as of June 30May 1, 20062002, and is executed between HSBC Bank (USA) Inc.Greenwich Capital Financial Products, Inc. as purchaser and initial owner (hereinafter, the "“Initial Owner"”), and Xxxxx Fargo BankGMAC Mortgage Corporation, N.A.a Pennsylvania corporation, as seller and servicer (the "Servicer"“Company”).. The Initial Owner has agreed to purchase, from time to time, from the Company and the Company has agreed to sell, from time to time, to the Initial Owner, certain conventional adjustable rate residential mortgage loans (the “Mortgage Loans”) as described herein on a servicing retained basis, which shall be delivered in groups of whole loans on various dates as provided herein (each a “Closing Date”). Each Mortgage Loan is secured by a mortgage or deed of trust creating a first lien on a residential dwellings located in the jurisdiction indicated on the Mortgage Loan Schedule, which is to be annexed hereto on each Closing Date as Schedule I. The Initial Owner and Company wish to prescribe the manner of the conveyance, servicing and control of the Mortgage Loans. In consideration of the premises and the mutual agreements hereinafter set forth, the Initial Owner and the Company agree as follows:
Appears in 1 contract
Samples: Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit EXHIBIT B Form of EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT D Reserved Exhibit E Form Schedule of Custodial Account Certification Exhibit F Form Mortgage Loans On file at the Offices of: Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 Attention: Stevxx X. Molitox EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CURT1DXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CURT2DXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT ------------------------------------------------------------------------------------------------------------------------------------ DATA FIELD FORMAT DATA DESCRIPTION ------------------------------------------------------------------------------------------------------------------------------------ % of Escrow Account Certification Exhibit G Form MI coverage NUMBER(6,5) The percent of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This coverage provided by the PMI company in the event of loss on a defaulted loan. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim DATE(MM/DD/YYYY) Actual date that the claim was submitted to filed date the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual bankruptcy DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is start date filed with the court. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim NUMBER(15,2) The amount of the claim that was filed by amount filed the servicer with the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual discharge DATE(MM/DD/YYYY) Actual date that the Discharge Order is date entered in the bankruptcy docket. ------------------------------------------------------------------------------------------------------------------------------------ Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings complete date are completed by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings start date are commenced by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual first DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed legal date the first legal action as defined by state statute. ------------------------------------------------------------------------------------------------------------------------------------ Actual redemption DATE(MM/DD/YYYY) Actual date that the foreclosure redemption end date period expires. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy VARCHAR2(2) 7=Chapter 7 filed 11=Chapter 11 filed Chapter of bankruptcy filed. chapter 12=Chapter 12 filed 13=Chapter 13 filed ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy flag VARCHAR2(2) Y=Active Bankruptcy N=No Active Bankruptcy Servicer defined indicator that identifies that the property is an asset in an active bankruptcy case. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy Case VARCHAR2(15) The court assigned case number of the Number bankruptcy filed by a Servicing Agreement for fixedparty with interest in the property. ------------------------------------------------------------------------------------------------------------------------------------
E-2-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective 1 MI claim amount NUMBER(15,2) The amount paid to the servicer by the PMI paid company as a result of submitting an MI claim. ------------------------------------------------------------------------------------------------------------------------------------ MI claim funds DATE(MM/DD/YYYY) Actual date that funds were received from received date the PMI company as a result of transmitting an MI claim. ------------------------------------------------------------------------------------------------------------------------------------ Current loan NUMBER(10,2) Current unpaid principal balance of the loan amount as of June 30the date of reporting to Aurora Master Servicing. ------------------------------------------------------------------------------------------------------------------------------------ Date FC sale DATE(MM/DD/YYYY) Date that the foreclosure sale is scheduled scheduled to be held. ------------------------------------------------------------------------------------------------------------------------------------ Date relief/ DATE(MM/DD/YYYY) Actual date that the dismissal or relief dismissal granted from stay order is entered by the bankruptcy court. ------------------------------------------------------------------------------------------------------------------------------------ Date REO offer DATE(MM/DD/YYYY) Actual date of acceptance of an REO offer. accepted ------------------------------------------------------------------------------------------------------------------------------------ Date REO offer DATE(MM/DD/YYYY) Actual date of receipt of an REO offer. received ------------------------------------------------------------------------------------------------------------------------------------ Delinquency value NUMBER(10,2) Value obtained typically from a BPO prior to foreclosure referral not related to loss mitigation activity. ------------------------------------------------------------------------------------------------------------------------------------ Delinquency value VARCHAR2(15) BPO=Broker's Price Opinion Appraisal=Appraisal Name of vendor or management company that source provided the delinquency valuation amount. ------------------------------------------------------------------------------------------------------------------------------------ Delinquency value DATE(MM/DD/YYYY) Date that the delinquency valuation amount date was completed by vendor or property management company. ------------------------------------------------------------------------------------------------------------------------------------ Delinquency flag VARCHAR2(2) Y=90+ delinq. Not in FC, 2006Bky or Loss mit Servicer defined indicator that identifies N=Less than 90 days delinquent that the loan is delinquent but is not involved in loss mitigation, foreclosure, bankruptcy or REO. ------------------------------------------------------------------------------------------------------------------------------------ Foreclosure flag VARCHAR2(2) Y=Active foreclosure N=No active foreclosure Servicer defined indicator that identifies that the loan is involved in foreclosure proceedings. ------------------------------------------------------------------------------------------------------------------------------------ Corporate expense NUMBER(10,2) Total of all cumulative expenses advanced by balance the servicer for non-escrow expenses such as but not limited to: FC fees and costs, bankruptcy fees and costs, property preservation and property inspections. ------------------------------------------------------------------------------------------------------------------------------------
E-2-2 Foreclosure DATE(MM/DD/YYYY) Actual date that the loan was referred to attorney referral local counsel to begin foreclosure date proceedings. ------------------------------------------------------------------------------------------------------------------------------------ Foreclosure NUMBER(15,2) Value obtained during the foreclosure valuation amount process. Usually as a result of a BPO and typically used to calculate the bid. ------------------------------------------------------------------------------------------------------------------------------------ Foreclosure DATE(MM/DD/YYYY) Date that foreclosure valuation amount was valuation date completed by vendor or property management company. ------------------------------------------------------------------------------------------------------------------------------------ Foreclosure VARCHAR2(80) BPO=Broker's Price Opinion Appraisal=Appraisal Name of vendor or management company that valuation source provided the foreclosure valuation amount. ------------------------------------------------------------------------------------------------------------------------------------ FHA 27011A DATE(MM/DD/YYYY) Actual date that the FHA 27011A claim was transmitted date submitted to HUD. ------------------------------------------------------------------------------------------------------------------------------------ FHA 27011 B DATE(MM/DD/YYYY) Actual date that the FHA 27011B claim was transmitted date submitted to HUD. ------------------------------------------------------------------------------------------------------------------------------------ VA LGC/FHA Case VARCHAR2(15) Number that is executed between HSBC Bank assigned individually to the number loan by either HUD or VA at the time of origination. The number is located on the Loan Guarantee Certificate (USALGC) Inc.or the Mortgage Insurance Certificate (MIC). ------------------------------------------------------------------------------------------------------------------------------------ FHA Part A funds DATE(MM/DD/YYYY) Actual date that funds were received from received date HUD as a result of transmitting the 27011A claim. ------------------------------------------------------------------------------------------------------------------------------------ Foreclosure DATE(MM/DD/YYYY) Actual date that the foreclosure sale was actual sale date held. ------------------------------------------------------------------------------------------------------------------------------------ Servicer loan VARCHAR2(15) Individual number that uniquely identifies number loan as defined by servicer. ------------------------------------------------------------------------------------------------------------------------------------ Loan type VARCHAR2(2) 1=FHA Residential 2=VA Residential Type of loan being serviced generally 3=Conventional w/o PMI 4=Commercial defined by the existence of certain types of 5=FHA Project 6=Conventional w/PMI insurance. (ie: FHA, as owner (VA, conventional 7=HUD 235/265 8=Daily Simple Interest Loan insured, conventional uninsured, SBA, etc.) 9=Farm Loan U=Unknown S=Sub prime ------------------------------------------------------------------------------------------------------------------------------------ Loss mit approval DATE(MM/DD/YYYY) The date determined that the "Owner"), servicer and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").date mortgagor agree to pursue a defined loss mitigation alternative. ------------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-22)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement (retained in a separate closing binder entitled "SASCO 2001-16H Mortgage Loan Schedule" at XxXxx Xxxxxx LLP) EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement (retained in a separate closing binder entitled "SASCO 2001-16H Mortgage Loan Schedule" at XxXxx Xxxxxx LLP) EXHIBIT D Mortgage Loan Schedule (retained in a separate closing binder entitled "SASCO 2001-16H Mortgage Loan Schedule" at XxXxx Xxxxxx LLP) MASTER SERVICING AGREEMENT between CENTRE CAPITAL GROUP, X-0 INC, OWNER and D-3XXXXX FARGO HOME MORTGAGE, respectively.
53INC. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective Dated as of June 30May 1, 2006, 2000 Fixed and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Adjustable Rate Mortgage Loans TABLE OF CONTENTS Page ARTICLE I DEFINITIONS
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 01 16h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement [See Exhibit 99.19] EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals XXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans7.00% SFRATE SERVICE FEE RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, 2006REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Seller shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Seller shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing EXHIBIT B Flow Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement [Intentionally Omitted] EXHIBIT D Reserved Exhibit E Form Serviced Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two xxxxxxxx XXRT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% Example .0025000 for .25% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Custodial Account Certification Exhibit F Form MI Coverage % of Escrow Account Certification Exhibit G Form MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Power Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A code that identifies the account as an active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement Date Filed Relief/Dismissal The date the motion for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as Relief or Dismissal was filed with the BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of June 30, 2006, and is executed between HSBC Bank claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (USA) Inc., as owner (the "Owner"Servicer to Cross reference), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
5245. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
5346. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
5447. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. F. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").
Appears in 1 contract
Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit D-1 (Form Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CUXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CUXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals PTRATE PASS THRU RATE, REQUIRED Example .0025000 for .25% Number seven decimals PIPMT P&I CONSTANT, REQUIRED Example .0675000 for 6.75% .00 IF PAIDOFF Number two decimals EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals E-1-rate and adjustable-rate residential first lien and second lien mortgage loans1 FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ Example .0025000 for .25% PTRATE PASS THRU RATE, dated and effective as of June 30REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. _________________________________________________________________________ Section 1.01 Definitions Section 2.01 Servicer to Act as Servicer Section 2.02 Liquidation of Mortgage Loans Section 2.03 Collection of Mortgage Loan Payments Section 2.04 Establishment of and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added Deposits to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form Section 2.05 Permitted Withdrawals From Custodial Account 15 Section 2.06 Establishment of and Deposits to Escrow Account Certification Exhibit G Form Section 2.07 Permitted Withdrawals From Escrow Account 16 Section 2.08 Payment of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate Taxes, Insurance and adjustable-rate residential first lien Other Charges. 17 Section 2.09 Protection of Accounts 18 Section 2.10 Maintenance of Hazard Insurance 18 Section 2.11 Maintenance of Mortgage Impairment Insurance 20 Section 2.12 Maintenance of Fidelity Bond and second lien mortgage loans, dated Errors and effective as Omissions Insurance 20 Section 2.13 Inspections Section 2.14 Restoration of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Mortgaged Property
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
5351. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J L (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as SWSA.
52. Exhibit F.
55. A new Exhibit K H to the SWSA is hereby added to the Servicing replaced by Exhibit M attached hereto. XXXXXXX X-0 Trust Agreement and is attached hereto as (See Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of 4.1) EXHIBIT B-2 Assignment and Assumption Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a (SWSA) Seller's Warranties and Servicing Agreement (WFHM Mortgage Loan Series 2006-W03) (See Exhibit 99.6) Exhibit D-1 MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ Article I. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF D-1-1 FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for fixed-rate and adjustable-rate residential 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF XXXXXXX X-0 XXXXXXXX XXXXXX FOR MONTHLY DEFAULTED LOAN REPORT ------------------------------------------------------------------------------------------------------------------------------------ DATA FIELD FORMAT DATA DESCRIPTION ------------------------------------------------------------------------------------------------------------------------------------ % of MI coverage NUMBER(6,5) The percent of coverage provided by the PMI company in the event of loss on a defaulted loan. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim DATE(MM/DD/YYYY) Actual date that the claim was submitted to filed date the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual bankruptcy DATE(MM/DD/YYYY) Actual date that the bankruptcy petition is start date filed with the court. ------------------------------------------------------------------------------------------------------------------------------------ Actual MI claim NUMBER(15,2) The amount of the claim that was filed by amount filed the servicer with the PMI company. ------------------------------------------------------------------------------------------------------------------------------------ Actual discharge DATE(MM/DD/YYYY) Actual date that the Discharge Order is date entered in the bankruptcy docket. ------------------------------------------------------------------------------------------------------------------------------------ Actual due date DATE(MM/DD/YYYY) Actual due date of the next outstanding payment amount due from the mortgagor. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings complete date are completed by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual eviction DATE(MM/DD/YYYY) Actual date that the eviction proceedings start date are commenced by local counsel. ------------------------------------------------------------------------------------------------------------------------------------ Actual first lien and second lien mortgage loans, dated and effective DATE(MM/DD/YYYY) Actual date that foreclosure counsel filed legal date the first legal action as defined by state statute. ------------------------------------------------------------------------------------------------------------------------------------ Actual redemption DATE(MM/DD/YYYY) Actual date that the foreclosure redemption end date period expires. ------------------------------------------------------------------------------------------------------------------------------------ Bankruptcy VARCHAR2(2) 7=Chapter 7 filed 11=Chapter 11 filed Chapter of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").bankruptcy filed. chapter 12=Chapter 12 filed 13=Chapter 13 filed ------------------------------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
5225. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) J is hereby deleted in its entirety and Exhibit D-3 (Form of Loan Loss Report) are hereby added to replaced with the Servicing Agreement and are reporting formats attached hereto as Exhibits X-0, X-0 and D-3, respectivelyExhibit Five.
5326. Exhibit H to G is hereby deleted in its entirety and replaced with the provisions attached hereto as Exhibit Six. The Amendment Reg AB dated January 12, 2006 among Countrywide, Luminent Mortgage Capital, Inc., Mercury Mortgage Finance Statutory Trust and Maia Mortgage Finance Statutory Trust amending the Servicing Agreement is hereby replaced in its entirety superseded by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added the Amendment Reg AB to the Master Mortgage Loan Purchase and Servicing Agreement dated as of December 1, 2005 by and between Greenwich Capital Financial Products, Inc. and Countrywide, a copy of which is attached hereto as Exhibit F.
55. A new Six, except that any references to Greenwich Capital Financial Products, Inc. shall mean Luminent Mortgage Capital, Inc. and as amended by Paragraphs 26-37 of this Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").A.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent 2006-5)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimxxx XXXX0XXTE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% E-1-1 PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-1 (Form E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Dismissal
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement; provided, however, that the Servicer's reporting obligations will run directly and the Trust Fund, solely to the Master Servicer, the Depositor . The Master Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement See Exhibit #99.14 EXHIBIT C Master Mortgage Loan Purchase and Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E SEC CERTIFICATION Structured Asset Securities Corporation 745 7th Avenue, 7th Floor New York, New York 10019 Aurora Loan Services, Inc. 2530 Xxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxxx, Xxxorado 80014 Re: Stxxxxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxx, Mortgage Pass-Through Certificates, Series 2003-7H Reference is made to the Reconstituted Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30February 1, 2006, and is executed between HSBC Bank (USA) Inc., as owner 2003 (the "OwnerAgreement"), by and Xxxxx Fargo among Lehman Brothers Bank, N.A.FSB, as seller and Washington Mutual Bank, FA, xxxxessor in interest to North American Mortgage Company, as servicer (the "Servicer").. I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit D-1 (Form Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two dexxxxxx XXXX1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two dexxxxxx XXXX2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Dismissal
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Seller shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Seller shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing EXHIBIT B Flow Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement EXHIBIT D Reserved Exhibit E Form Serviced Mortgage Loan Schedule [INTENTIONALLY OMITTED] FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% Example .0025000 for .25% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Custodial Account Certification Exhibit F Form MI Coverage % of Escrow Account Certification Exhibit G Form MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Power Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A code that identifies the account as an active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement Date Filed Relief/Dismissal The date the motion for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as Relief or Dismissal was filed with the BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of June claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (Servicer to Cross reference) Delinquency Status (Man Code) 30, 200660, and is executed between HSBC Bank 90, BK, FC, REO, Claims or a code that can be decoded to determine the current status of the account. Loss Mit Denial Date Loss Mit Denial Date Eviction Atty Fees & Costs Eviction Atty Fees & Costs F/B 1st Due (USAif applicable) Inc.F/B 1st Due (if applicable) F/B Last Due (if applicable) F/B Last Due (if applicable) FC Atty Fees & Costs FC Atty Fees & Costs FC Flag A code that identifies the account as an active Foreclosure. FC Start Date (referral date) FC Start Date (referral date) FC Suspended Date FC Suspended Date FC Valuation Amount The value of the property as determined for the purpose of foreclosure. FC Valuation Date The date the property value was determined for the purpose of foreclosure. FC Valuation Source The type of valuation that was used to determine the Fc Valuation amount. FHA 27011A Transmitted Date FHA 27011A Transmitted Date FHA 27011B Transmitted Date FHA 27011B Transmitted Date FHA Case # FHA Case # FHA Part A Funds Received Date FHA Part A Funds Received Date First Payment Date First Payment Date Foreclosure Actual Sale Date Date F/C Sale Held VA Gaurantee % VA Gaurantee % Interest Advances Interest Advances Investor Loan Number Investor Loan Number INVESTOR/SECURITY BILLING SENT DATE Date claim submitted to investor Liquidation Status Type of PIF, as owner (the "Owner")S/S, and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").3rd Party etc. VA Loan Gaurantee Certificate Number VA Loan Gaurantee Certificate Number Loan Number Servicer Loan Number
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Trustee and the Trustee NIMS Insurer shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Trust Agreement and are attached hereto all rights of the NIMS Insurer set forth in this Agreement (other then the right of indemnification) shall exist only so long as Exhibits X-0the NIM Securities remain outstanding or the NIMS Insurer is owed amounts in respect of its guaranty of payment of such NIM Securities. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE INTRATE INTEREST RATE, REQUIRED Number seven decimals SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals PTRATE PASS THRU RATE, REQUIRED Number seven decimals PIPMT P&I CONSTANT, REQUIRED Number two decimals 00 IF PAIDOFF
531. Exhibit H to the Servicing Agreement is hereby replaced in its entirety Deal Identifier by Exhibit E attached hereto.
54Loan 41. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Actual Eviction Start Date 2. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").SBO Loan Number 42. Actual Eviction Complete Date 3. Loan Number 43. Loss Mit Workstation Status 4. Investor Loan Number 44. Loss Mit Flag
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties the Trustee was a party to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF
521. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Deal Identifier by Loan Report) and Exhibit D-3 (Form of 2. SBO Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Number
Appears in 1 contract
Samples: Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust FundTrustee, the Master ServicerServicer and the Depositor as if the Trustee, the Depositor Master Servicer and the Trustee as if they Depositor were parties each a party to this Agreement, and the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee each shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer Company shall only take direction directions from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust FundTrustee, the Master Servicer, Servicer and the Depositor and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations, as applicable) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New (aa) Subsection 2.06(a) of Exhibit D-1 K is hereby amended by adding the words ", any Master Servicer" after the word "Purchaser" in the last sentence of such section and by adding the words "and certification" after the word "attestation" in the last sentence of such section.
(Form bb) Subsection 13.06(b) of Monthly Remittance AdviceExhibit K is hereby amended by adding the words "(and in any event within five days after any such request)" after the words "promptly upon request" in the second sentence of the first paragraph of such section and by adding ", any Master Servicer" after the word "Purchaser" in the last sentence of the second paragraph of such section and by adding the words "and certification" after the word "attestation" in the last sentence of the second paragraph of such section.
(cc) Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are Four attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement as Exhibits M, N and O.
(dd) Exhibit L is hereby deleted in its entirety and replaced with the provisions attached hereto as Exhibit F.
55Five. A new Exhibit K is hereby added to EXHIBIT TWO List of Serviced Loans To be retained in a separate closing binder entitled "Luminent 2006-7 Mortgage Loan Schedule" at the Washington DC offices of Hunton & Williams LLP Xxxxxxx Two-1 EXHIBIT THREE Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A On File with Hunton & Williams LLP Xxxxxit Three-1 EXHIBIT FOUR Form of Acknowledgment Agreement Periodic Reports to Purchaser Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").M Standard File Layout - Master Servicing
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-7)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF Number two decimals ENDACTBAL ENDING TRIAL BALANCE .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals SFRATE SERVICE FEE RATE, REQUIRED Example .0700000 for 7.00% Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF % of MI Coverage % of MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by the REO Department Appraisal, BPO Costs Total expenses incurred for the purpose of BPO’s or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A code that identifies the account as an active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is scheduled to occur. Date Filed Relief/Dismissal The date the motion for Relief or Dismissal was filed with the BK Court Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (Servicer to Cross reference) Delinquency Status (Man Code) 30, 60, 90, BK, FC, REO, Claims or a code that can be decoded to determine the current status of the account. Loss Mit Denial Date Loss Mit Denial Date Eviction Atty Fees & Costs Eviction Atty Fees & Costs F/B 1st Due (if applicable) F/B 1st Due (if applicable) F/B Last Due (if applicable) F/B Last Due (if applicable) FC Atty Fees & Costs FC Atty Fees & Costs FC Flag A code that identifies the account as an active Foreclosure. FC Start Date (referral date) FC Start Date (referral date) FC Suspended Date FC Suspended Date FC Valuation Amount The value of the property as determined for the purpose of foreclosure. FC Valuation Date The date the property value was determined for the purpose of foreclosure. FC Valuation Source The type of valuation that was used to determine the FC Valuation amount. FHA 27011A Transmitted Date FHA 27011A Transmitted Date FHA 27011B Transmitted Date FHA 27011B Transmitted Date FHA Case # FHA Case # FHA Part A Funds Received Date FHA Part A Funds Received Date First Payment Date First Payment Date Foreclosure Actual Sale Date Date F/C Sale Held VA Guarantee % VA Guarantee % Interest Advances Interest Advances Investor Loan Number Investor Loan Number INVESTOR/SECURITY BILLING SENT DATE Date claim submitted to investor Liquidation Status Type of PIF, S/S, 3rd Party etc. VA Loan Guarantee Certificate Number VA Loan Guarantee Certificate Number Loan Number Servicer Loan Number Loan Term Loan Term Loan Type Loan Type Loss Mit Approval Date Loss Mit Approval Date Loss Mit Flag (Man Code) A code that identifies the account as an active Loss Mit account. Loss Mit Removal Date The date the Loss Mit Department determined that Loss Mit Options were no longer a viable option. Loss Mit Start Date Loss Mit Set-up Date Loss Mit Type S/S, Forbearance, Repay, Mod,etc. Loss Mit Workstation Status Completed, Removed, Active MI Certificate Number MI Certificate Number MI Cost Price percentage, lender paid only MI Coverage Y/N MI Coverage Y/N Monthly MIP Cost The monthly fee paid to HUD to maintain coverage on the account. Next Payment Adjustment Date Next Payment Adjustment Date Next Rate Adjustment Date Next Rate Adjustment Date Occupancy Status Occupancy Status Occupancy Status Date The date the occupancy status reported was determined. Original Loan Amount Original Loan Amount Original Value Amount The value of the property as determined at the origination of the account. Origination Date The date the closing occurred to originate the loan. ORIGINATION VALUE DATE The date the original Value Amount was determined. ORIGINATION VALUE SOURCE The type of valuation that was used to determine the Original Value amount. Other Advance Expenses Total Advances minus all other/detail and total Ownership Code Paid in Full Date Date loan liquidated from system UPB removed Paid Off Code Part B Funds Received Date FHA/VA Only Partial Prepayment Amount Collected Post Petition Due Date Prepayment Expiration Date Term Prepayment Flag Prepayment Premium Collected Prepayment Waived Product Type Property Condition PROPERTY PRESERVATION FEES Property Type Realized Gain or Loss Reason for Default Reason Suspended Relief/Dismissal Hearing Date REO Repaired Value REO Value (As-is) REO Actual Closing Date REO Flag (Man Code) REO List Date REO List Price REO Net Sales proceeds REO Sales Price REO Scheduled Close Date REO Value Date REO VALUE SOURCE Repay First Due Date Repay Last Due Date Repay Next Due Date Repay Plan Broken Date Repay Plan Created Date SBO LOAN NUMBER Scheduled Balance Scheduled Due Date Servicing Agreement.
52. New Exhibit D-1 Fee State Street Address T&I Advances Title Approval Letter Received Date Title Package to HUD Date Title Package to VA Date VA Claim Funds Received Date VA Claim Submitted Date VA FIRST FUNDS RECEIVED AMOUNT VA FIRST FUNDS RECEIVED DATE VA XXX Submitted Date ZIP CODE FNMA ACTION CODE FNMA DELINQUENCY REASON CODE I, , of Xxxxx Fargo Home Mortgage, Inc. (Form of Monthly Remittance Advicethe “Servicer”), Exhibit D-2 certify to [identify the company submitting to SEC], and its officers, directors, agents and affiliates (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to role as [identify role] the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I “Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"Certifying Party”), and Xxxxx Fargo Bankwith the knowledge and intent that they will rely upon this certification, N.A.that:
(i) Based on my knowledge, the information relating to the Mortgage Loans and the servicing thereof submitted by the Servicer to the Sarbanes Certifying Party which is used in connection with preparation of the reports on Form 8-K and the annual report on Form 10-K filed with the SEC with respect to each transaction listed on the attached Exhibit A, taken as a whole, does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading as of the date of this certification;
(ii) The servicing information required to be provided to the Sarbanes Certifying Party by the Servicer under the relevant servicing agreements has been provided to the Sarbanes Certifying Party;
(iii) I am responsible for reviewing the activities performed by the Servicer under the relevant servicing agreements and based upon the review required by the relevant servicing agreements, and except as disclosed in the Annual Statement of Compliance, the Annual Independent Public Accountant’s Servicing Report and all servicing reports, officer’s certificates and other information relating to the servicing of the Mortgage Loans submitted to the Sarbanes Certifying Party, the Servicer has, as servicer of the date of this certification fulfilled its obligations under the relevant servicing agreements; and
(iv) I have disclosed to the "Sarbanes Certifying Party all significant deficiencies relating to the Servicer")’s compliance with the minimum servicing standards in accordance with a review conducted in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar standard as set forth in the relevant servicing agreements.
(v) The Servicer shall indemnify and hold harmless the Sarbanes Certifying Party and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Servicer or any of its officers, directors, agents or affiliates of its obligations under this Certification or the negligence, bad faith or willful misconduct of the Servicer in connection therewith. If the indemnification provided for herein is unavailable or insufficient to hold harmless the Sarbanes Certifying Party, then the Servicer agrees that it shall contribute to the amount paid or payable by the Sarbanes Certifying Party as a result of the losses, claims, damages or liabilities of the Sarbanes Certifying Party in such proportion as is appropriate to reflect the relative fault of the Sarbanes Certifying Party on the one hand and the Servicer on the other in connection with a breach of the Servicer’s obligations under this Certification or the Servicer’s negligence, bad faith or willful misconduct in connection therewith.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Passthr Certs Ser 2003-38)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement [See Exhibit 99.15] EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Exhibit D-1 (Form Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Department Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court Date Loan Reinstated Date Loan Reinstated
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
5234. New Exhibit D-1 Section 2(a) of Amendment Reg AB (Form Intent of Monthly Remittance Advice)the Parties; Reasonableness) is hereby amended as follows:
(a) The first paragraph of such subsection is amended by (1) replacing the words “the Purchaser and any Depositor” with “the Trust Fund, Exhibit D-2 the Depositor, the Trustee and the Master Servicer” and (Standard Layout for Monthly Defaulted Loan Report2) by replacing the words “the Purchaser or any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer”; and
(b) The second paragraph of such subsection is amended by (1) replacing the words “Neither the Purchaser nor any Depositor” with “None of the Trust Fund, the Depositor, the Trustee and the Master Servicer,” (2) by replacing the words “the Purchaser or any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance, (3) by replacing the words “the Purchaser to deliver to the Purchaser (including any of its assignees or designees) and Exhibit D-3 any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer to deliver to such party (Form including any of Loan Loss Reportits assignees or designees),” and (4) are by replacing the words “the Purchaser or such Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer.”
35. Section 2(b) of Amendment Reg AB (Additional Representations and Warranties of the Company) is hereby added amended as follows:
(a) by replacing the words “the Purchaser and to any Depositor” with “the Servicing Agreement Trust Fund, the Depositor, the Trustee and are attached hereto as Exhibits X-0the Master Servicer” in each instance;
(b) by replacing the words “the Purchaser or any Depositor” with “the Trust Fund, X-0 and D-3the Depositor, respectivelythe Trustee or the Master Servicer” in each instance;
(c) by replacing the words “the Purchaser or such Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance; and
(d) by replacing the words “by the related Depositor” with “by the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance.
53. Exhibit H to the Servicing Agreement is hereby replaced (e) by replacing in its entirety by the words in subsection (vii) of Section (b)(i) of Amendment Reg AB with the words “there are no affiliations, relationships or transactions of a type described in Item 1119 of Regulation AB relating to the Company or any Subservicer with respect to any party listed on Exhibit E attached F hereto.”
5436. A new Exhibit J Section 2(c) (Transaction PartiesInformation to Be Provided by the Company) is hereby added amended as follows:
(a) by replacing the words “the Purchaser or any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance;
(b) by replacing the words “the Purchaser and such Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance;
(c) by replacing the words “the Purchaser and any Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance;
(d) by replacing the words “the Purchaser or Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance;
(e) by replacing the words “the Purchaser or the Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance; and
(f) by replacing the words “the Purchaser or such Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance.
(g) by replacing the words in subsection (D) of Section 2(c) of Amendment Reg AB with the words “a description of any affiliation or relationship between the Company, each Subservicer and any of the parties listed on Exhibit F hereto.”
37. Section 2(d) of Amendment Reg AB (Servicer Compliance Statement) is hereby amended by replacing the words “the Purchaser and the Depositor” and the words “the Purchaser and such Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance.
38. Section 2(e) of Amendment Reg AB (Report on Assessment of Compliance and Attestation) is hereby amended as follows:
(a) the first paragraph after subparagraph (D) of such section is hereby amended by (1) replacing the words “Neither the Purchaser nor any Depositor” with “None of the Trust Fund, the Depositor, the Trustee and the Master Servicer” and (2) replacing the words “unless a Depositor” with “unless such party”;
(b) by replacing the words “each of the Servicing Criteria specified on a certification substantially in the form of Exhibit B hereto delivered to the Purchaser concurrently with the execution of this Agreement” in both instances with “all of the Servicing Agreement Criteria specified on Exhibit B hereto;”
(c) by replacing the words “the Purchaser and is attached hereto as Exhibit F.any Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance;
55(d) by replacing the words “the Purchaser and such Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance;
(e) by replacing the words “the Purchaser or any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance; and
(f) by replacing the words “the Purchaser, any Depositor and any other Person” with “the Trust Fund, the Depositor, the Trustee, the Master Servicer and any other Person” in each instance.
39. A new Exhibit K Section 2(f) of Amendment Reg AB (Use of Subservicers and Subcontractors) is hereby added to amended as follows:
(a) by replacing the Servicing Agreement words “the Purchaser or any Depositor” with “the Trust Fund, the Depositor, the Trustee or the Master Servicer” in each instance;
(b) by replacing the words “the Purchaser and any Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance; and (c) by replacing the words “the Purchaser and such Depositor” with “the Trust Fund, the Depositor, the Trustee and the Master Servicer” in each instance.
40. Section 2(g) (Indemnification) is attached hereto hereby amended as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power follows:
(a) by replacing the words “the Purchaser, any Depositor” with “the Trust Fund, the Depositor, the Trustee or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Master Servicer").” in each instance;
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-12n)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Seller's Warranties and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of EXHIBIT C Assignment and Assumption Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT D Schedule of Mortgage Loans [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Fee 22. Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (referral date) 33. Actual Notice of Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
5234. New Exhibit D-1 Section 2
(Form a) of Monthly Remittance Advice)Amendment Reg AB (Intent of the Parties; Reasonableness) is hereby amended as follows:
(a) The first paragraph of such subsection is amended by (1) replacing the words "the Purchaser and any Depositor" with "the Trust Fund, Exhibit D-2 the Depositor, the Trustee and the Master Servicer" and (Standard Layout for Monthly Defaulted Loan Report2) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer"; and
(b) The second paragraph of such subsection is amended by (1) replacing the words "Neither the Purchaser nor any Depositor" with "None of the Trust Fund, the Depositor, the Trustee and the Master Servicer," (2) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance, (3) by replacing the words "the Purchaser to deliver to the Purchaser (including any of its assignees or designees) and Exhibit D-3 any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer to deliver to such party (Form including any of Loan Loss Reportits assignees or designees)," and (4) by replacing the words "the Purchaser or such Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer."
35. Section 2(b) of Amendment Reg AB (Additional Representations and Warranties of the Company) is hereby amended as follows:
(a) by replacing the words "the Purchaser and to any Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance;
(b) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance;
(c) by replacing the words "the Purchaser or such Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance; and
(d) by replacing the words "by the related Depositor" with "by the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance.
(e) by replacing in its entirety the words in subsection (vii) of Section (b)(i) of Amendment Reg AB with the words "there are hereby added no affiliations, relationships or transactions of a type described in Item 1119 of Regulation AB relating to the Servicing Agreement Company or any Subservicer with respect to any party listed on Exhibit F hereto."
36. Section 2(c) (Information to Be Provided by the Company) is hereby amended as follows:
(a) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance;
(b) by replacing the words "the Purchaser and are attached hereto as Exhibits X-0such Depositor" with "the Trust Fund, X-0 the Depositor, the Trustee and D-3the Master Servicer" in each instance;
(c) by replacing the words "the Purchaser and any Depositor" with "the Trust Fund, respectivelythe Depositor, the Trustee and the Master Servicer" in each instance;
(d) by replacing the words "the Purchaser or Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance;
(e) by replacing the words "the Purchaser or the Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance; and
(f) by replacing the words "the Purchaser or such Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance.
53(g) by replacing the words in subsection (D) of Section 2(c) of Amendment Reg AB with the words "a description of any affiliation or relationship between the Company, each Subservicer and any of the parties listed on Exhibit F hereto."
37. Section 2(d) of Amendment Reg AB (Servicer Compliance Statement) is hereby amended by replacing the words "the Purchaser and the Depositor" and the words "the Purchaser and such Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance.
38. Section 2(e) of Amendment Reg AB (Report on Assessment of Compliance and Attestation) is hereby amended as follows:
(a) the first paragraph after subparagraph (D) of such section is hereby amended by (1) replacing the words "Neither the Purchaser nor any Depositor" with "None of the Trust Fund, the Depositor, the Trustee and the Master Servicer" and (2) replacing the words "unless a Depositor" with "unless such party";
(b) by replacing the words "each of the Servicing Criteria specified on a certification substantially in the form of Exhibit B hereto delivered to the Purchaser concurrently with the execution of this Agreement" in both instances with "all of the Servicing Criteria specified on Exhibit B hereto;"
(c) by replacing the words "the Purchaser and any Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance;
(d) by replacing the words "the Purchaser and such Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance;
(e) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance; and
(f) by replacing the words "the Purchaser, any Depositor and any other Person" with "the Trust Fund, the Depositor, the Trustee, the Master Servicer and any other Person" in each instance.
39. Section 2(f) of Amendment Reg AB (Use of Subservicers and Subcontractors) is hereby amended as follows:
(a) by replacing the words "the Purchaser or any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance;
(b) by replacing the words "the Purchaser and any Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance; and
(c) by replacing the words "the Purchaser and such Depositor" with "the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance.
40. Section 2(g) (Indemnification) is hereby amended as follows:
(a) by replacing the words "the Purchaser, any Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance;
(b) by replacing the words "the Purchaser or Depositor" with "the Trust Fund, the Depositor, the Trustee or the Master Servicer" in each instance; and
(c) by replacing the words "Neither the Purchaser nor any Depositor" with "None of the Trust Fund, the Depositor, the Trustee and the Master Servicer" in each instance.
41. Exhibit H B of Amendment Reg AB (Servicing Criteria to the Servicing Agreement be Addressed in Assessment of Compliance) is hereby replaced in its entirety with the following: EXHIBIT B SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE The assessment of compliance to be delivered by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to [the Company] [Name of Subservicer] shall address, at a minimum, the criteria identified as below as "Applicable Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Criteria": ----------------------------------------------------------------------------------------------------------------- Applicable Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This Criteria ----------------------------------------------------------------------------------------------------------------- Reference Criteria ----------------------------------------------------------------------------------------------------------------- General Servicing Considerations Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the X 1122(d)(1)(i) transaction agreements. -------------------- ---------------------- If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the X third party's performance and compliance with such servicing 1122(d)(1)(ii) activities. -------------------- ---------------------- Any requirements in the transaction agreements to maintain 1122(d)(1)(iii) a back-up servicer for the mortgage loans are maintained. -------------------- ---------------------- A fidelity bond and errors and omissions policy is a Servicing Agreement for fixed-rate in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and adjustable-rate residential first lien X otherwise in accordance with the terms of the transaction 1122(d)(1)(iv) agreements. -------------------- ---------------------- Cash Collection and second lien Administration -------------------- ---------------------- Payments on mortgage loansloans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more X than two business days following receipt, dated and effective as or such other number of June 301122(d)(2)(i) days specified in the transaction agreements. -------------------- ---------------------- Disbursements made via wire transfer on behalf of an obligor or to X 1122(d)(2)(ii) an investor are made only by authorized personnel. -------------------- ---------------------- Advances of funds or guarantees regarding collections, 2006cash flows or distributions, and is executed between HSBC Bank any interest or other fees charged for such X advances, are made, reviewed and approved as specified in the 1122(d)(2)(iii) transaction agreements. -------------------- ---------------------- The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (USAe.g., X 1122(d)(2)(iv) Inc., with respect to commingling of cash) as owner (set forth in the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").-------------------- ----------------------
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-3h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Trust Agreement. EXHIBIT B Purchase Agreement [INTENTIONALLY OMITTED] EXHIBIT C Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT D Flow Agreement EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement.
52Fee 22. New Exhibit D-1 Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Form referral date) 33. Actual Notice of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53Mit Workstation Status 44. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Loss Mit Flag 45. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Loss Mit Type 46. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Securities Administrator, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Securities Administrator, the Master Servicer, the Depositor and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Securities Administrator, the Master Servicer, the Depositor and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
5344. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E D attached hereto.
5445. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 E. Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").
Appears in 1 contract
Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Purchase Agreement [See Exhibit #99.14] EXHIBIT C Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT D Flow Agreement [See Exhibits #99.14 and #99.15] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 XXXXXX, .00 IF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
1. Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement.
52Fee 22. New Exhibit D-1 Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Form referral date) 33. Actual Notice of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53Mit Workstation Status 44. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Loss Mit Flag 45. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Loss Mit Type 46. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor and the Trustee receive the benefit of the provisions of this Agreement as an intended third party beneficiaries beneficiary of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor and the Trustee as if they were parties the Trustee was a party to this Agreement, and the Trust Fund, the Master Servicer, the Depositor and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they it were parties a party to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnificationindemnification and the indemnification obligations) shall terminate upon termination of the Pooling and Servicing Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.. INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/ SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMXXXX, .00 XF NOT APPLICABLE Number two decimals CURT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMXXXX, .00 XF NOT APPLICABLE Number two decimals CURT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/ SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF
521. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Deal Identifier by Loan Report) and Exhibit D-3 (Form of 61. MI Certificate Number
2. SBO Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53Number 62. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54MI Cost 3. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55Loan Number 63. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Other Advance Expenses 4. Investor Loan Number 64. T&I Advances 5. Stxxxx Xxxxxxx 00. Interest Advances
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corporation, 2005-Gel4)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement EXHIBIT C Master Mortgage Loan Purchase and Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED ACTUAL Number two decimals PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decixxxx XXXX0XATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decixxxx XXXX0XATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .07000000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .07000000 for 7.00% PTRATE PASS THRU RATE, REQUIRED Example .0025000 for .25% Number seven decimals PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of MI Coverage % of MI Coverage Actual MI Claim Filed Date The date the Claim to the MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter Actual Notice of Intent Date (breach letter date) date) Actual Payment Plan End Date The date the Last Pre-petition payment is due from the Trustee in a chapter 13 BK The date the First Pre-petition payment is Actual Payment Plan Start Date due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date The date the account was received by the REO Department Total expenses incurred for the purpose of Actual REO Start Date Appraisal, BPO Costs BPO's or Appraisals. Bankruptcy Chapter 7,11,13 Bankruptcy Chapter BK Atty Fees & Costs BK Atty Fees & Costs A code that identifies the account as an BK Flag (Man Code) active Bankruptcy. Bnk Case # (7 digit only) Bnk Case # (7 digit only) City City MI Claim Amount Claim Amount Paid The date the MI Claim funds were received Claim Funds Received Date from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Unpaid Principal Balance Current Loan Amount Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent to Attorney Date Bid Instructions Sent The date the Foreclosure sale is scheduled to Date F/C Sale Scheduled occur. The date the motion for Relief or Dismissal Date Filed Relief/Dismissal was filed with the BK Court FIELD NAME DESCRIPTION ---------- ----------- Date Loan Reinstated Date Loan Reinstated Date POC Filed Date proof of claim filed Date Relief/Dismissal Granted The date the BK court granted the motion for Relief or Dismissal Date REO Offer Accepted Date REO Offer Accepted Date REO Offer Received Date REO Offer Received Deal Identifier by Loan Security Name/Cross reference Investor ID (Servicer to Cross reference) Delinquency Status (Man Code) 30, 60, 90, BK, FC, REO, Claims or a code that can be decoded to determine the current of the account. status Loss Mit Denial Date Loss Mit Denial Date Eviction Atty Fees & Costs Eviction Atty Fees & Costs F/B 1st Due (if applicable) F/B 1St Due (if applicable) F/B Last Due (if applicable) F/B Last Due (if applicable) FC Atty Fees & Costs FC Atty Fees & Costs A code that identifies the account as an FC Flag active Foreclosure. FC Start Date (referral date) FC Start Date (referral date) FC Suspended Date FC Suspended Date The value of the property as determined for FC Valuation Amount the purpose of foreclosure. The date the property value was determined FC Valuation Date for the purpose of foreclosure. The type of valuation that was used to FC Valuation Source determine the Fc Valuation amount. FHA 27011A Transmitted Date FHA 27011A Transmitted Date FHA 2701lB Transmitted Date FHA 2701lB Transmitted Date FHA Case # FHA Case # FHA Part A Funds Received Date FHA Part A Funds Received Date First Payment Date First Payment Date Date F/C Sale Held Foreclosure Actual Sale Date VA Guarantee % VA Guarantee % Interest Advances Interest Advances Investor Loan Number Investor Loan Number Date claim submitted to investor INVESTOR/SECURITY BILLING SENT Type of PIF, S/S, 3rd Party etc. DATE VA Loan Guarantee Certificate Number Liquidation Status Servicer Loan Number VA Loan Guarantee Certificate Number Loan Term Loan Number Loan Type Loan Term Loss Mit Approval Date Loan Type A code that identifies the account as an Loss Mit Approval Date Loss Mit Flag (Man Code) Loss Mit Type active Loss Mit account. Loss Mit Workstation Status Loss Mit Removal Date MI Certificate Number FIELD NAME DESCRIPTION ---------- ----------- MI Cost S/S, Forbearance, Repay, Mod, etc. MI Coverage Y/N Completed, Removed, Active Monthly MIP Cost MI Certificate Number coverage on the account. Price percentage, lender paid only Next Payment Adjustment Date MI Coverage Y/N Next Rate Adjustment Date The monthly fee paid to HUD to maintain Occupancy Status Occupancy Status Date Next Payment Adjustment Date determined. Next Rate Adjustment Date Original Loan Amount Occupancy Status Original Value Amount The date the occupancy status reported was the origination of the account. Origination Date Original Loan Amount the loan. The value of the property as determined at ORIGINATION VALUE DATE determined. The date the closing occurred to originate ORIGINATION VALUE SOURCE determine the Original Value amount. The date the original Value Amount was Other Advance Expenses total The type of valuation that was used to Ownership Code Paid in Full Date Total Advances minus all other/detail and removed Paid Off Code Part B Funds Received Date Date loan liquidated from system UPB Partial Prepayment Amount Collected Post Petition Due Date FHA/VA Only Prepayment Expiration Date Prepayment Flag Term Prepayment Premium Collected Prepayment Waived Product Type Property Condition PROPERTY PRESERVATION FEES Property Type Realized Gain or Loss Reason for Default Reason Suspended Relief/Dismissal Hearing Date REO Repaired Value REO Value(As-is) REO Actual Closing Date REO Flag (Man Code) FIELD NAME DESCRIPTION ---------- ----------- REO List Date REO List Price REO Net Sales proceeds REO Sales Price REO Scheduled Close Date REO Value Date REO VALUE SOURCE Repay First Due Date Repay Last Due Date Repay Next Due Date Repay Plan Broken Date Repay Plan Created Date SBO LOAN NUMBER Scheduled Balance Scheduled Due Date Servicing Fee State Street Address T&I Advances Title Approval Letter Received Date Title Package to HUD Date Title Package to VA Date VA Claim Funds Received Date VA Claim Submitted Date VA FIRST FUNDS RECEIVED VA FIRST FUNDS RECEIVED VA NOE Submitted Date ZIP CODE FNMA ACTION CODE FNMA DELINQUENCY REASON XXDE EXHIBIT F SERVICING OFFICER'S CERTIFICATE Structured Asset Securities Corporation 745 Seventh Avenue, 7th Floor New York, New York 10019 Aurora Loan Xxxxxxxx, Xxx. 0000 Xxxxx Xxxxxx Xxxx, Xxxxx 000X Xxxxra, Colorado 80014 Re: Strxxxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxx, Mortgage Pass-Through Certificates, Series 2003-33H -------------------------------------------------------------- Reference is made to the Reconstituted Servicing Agreement.
52. New Exhibit D-1 , dated as of October 1, 2003 (Form of Monthly Remittance Advicethe "Agreement"), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) by and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) among Lehman Brothers Holdings Inc., as owner (the "Owner")seller and SunTrust Mortgage, and Xxxxx Fargo BankInc., N.A., as servicer xx xervicer (the "Servicer"). I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Agreement (the "Servicing Information").
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Master Servicing Agreement See Exhibit 99.10 EXHIBIT C Master Mortgage Loan Purchase and are attached hereto as Exhibits X-0Warranties Agreement [INTENTIONALLY OMITTED] EXHIBIT D Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E-1 STANDARD LAYOUT FOR MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, X-0 and D-3REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANDE FOR ACTUAL/ACTUAL, respectively.REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two decimals CXXX0XXXX CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example .0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% E-1-1 PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF EXHIBIT E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT
531. Exhibit H to the Deal Identifier by Loan 2. SBO Loan Number 3. Loan Number 4. Investor Loan Number 5. Street Address 6. City 7. State 8. Zip Code 9. Original Loan Amount 10. Origination Date 11. First Payment Date 12. Current Loan Amount 13. Current Interest Rate 14. Current P&I Payment Amount 15. Scheduled Balance 16. Scheduled Due Date 17. Next Rate Adjustment Date 18. Next Payment Adjustment Date 19. Loan Term 20. Loan Type 21. Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54Fee 22. A new Exhibit J Product Type 23. Property Type 24. Ownership Code 25. Actual Due Date 26. Delinquency Status 27. Reason for Default 28. FC Flag 29. Date Loan Reinstated 30. FC Suspended Date 31. Reason Suspended 32. FC Start Date (Transaction Partiesreferral date) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
5533. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form Actual Notice of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit Intent Date 34. Actual First Legal Date 35. Date Bid Instructions Sent 36. Date F/C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").Sale Scheduled 37. Foreclosure Actual Sale Date 38. Actual Redemption End Date 39. Occupancy Status 40. Occupancy Status Date 41. Actual Eviction Start Date 42. Actual Eviction Complete Date 43. Loss Mit Workstation Status 44. Loss Mit Flag 45. Loss Mit Type 46. Loss Mit Start Date 47. Loss Mit Approval Date
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling Trust Agreement. EXHIBIT B Master Servicing Agreement See Item #99.10 EXHIBIT C Master Mortgage Loan Purchase and Servicing Agreement.
52. New Warranties Agreement [Intentionally Omitted] EXHIBIT D Mortgage Loan Schedule [Intentionally Omitted] EXHIBIT E-1 FORM OF MONTHLY REMITTANCE ADVICE FIELD NAME DESCRIPTION FORMAT ---------- ----------- ------ INVNUM INVESTOR LOAN NUMBER Number no decimals SERVNUM SERVICER LOAN NUMBER, REQUIRED Number no decimals BEGSCHEDBAL BEGINNING SCHEDULED BALANCE FOR SCHED/SCHED Number two decimals BEGINNING TRAIL BALANCE FOR ACTUAL/ACTUAL, REQUIRED SCHEDPRIN SCHEDULED PRINCIPAL AMOUNT FOR SCHEDULED/SCHEDULED Number two decimals ACTUAL PRINCIPAL COLLECTED FOR ACTUAL/ACTUAL, REQUIRED, .00 IF NO COLLECTIONS CURT1 CURTAILMENT 1 AMOUNT, .00 IF NOT APPLICABLE Number two dxxxxxxx XXXT1DATE CURTAILMENT 1 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT1ADJ CURTAILMENT 1 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals CURT2 CURTAILMENT 2 AMOUNT, .00 IF NOT APPLICABLE Number two dxxxxxxx XXXT2DATE CURTAILMENT 2 DATE, BLANK IF NOT APPLICABLE DD-MMM-YY CURT2ADJ CURTAILMENT 2 ADJUSTMENT, .00 IF NOT APPLICABLE Number two decimals LIQPRIN PAYOFF, LIQUIDATION PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals OTHPRIN OTHER PRINCIPAL, .00 IF NOT APPLICABLE Number two decimals PRINREMIT TOTAL PRINCIPAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals INTREMIT NET INTEREST REMIT, INCLUDE PAYOFF INTEREST, Number two decimals .00 IF NOT APPLICABLE TOTREMIT TOTAL REMITTANCE AMOUNT, .00 IF NOT APPLICABLE Number two decimals ENDSCHEDBAL ENDING SCHEDULED BALANCE FOR SCHEDULED/SCHEDULED Number two decimals ENDING TRIAL BALANCE FOR ACTUAL/ACTUAL .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDACTBAL ENDING TRIAL BALANCE Number two decimals .00 IF PAIDOFF, LIQUIDATED OR FULL CHARGEOFF ENDDUEDATE ENDING ACTUAL DUE DATE, NOT LAST PAID INSTALLMENT DD-MMM-YY ACTCODE 60 IF PAIDOFF, BLANK IF NOT APPLICABLE Number no decimals ACTDATE ACTUAL PAYOFF DATE, BLANK IF NOT APPLICABLE DD-MMM-YY INTRATE INTEREST RATE, REQUIRED Number seven decimals Example.0700000 for 7.00% SFRATE SERVICE FEE RATE, REQUIRED Number seven decimals Example .0025000 for .25% PTRATE PASS THRU RATE, REQUIRED Number seven decimals Example .0675000 for 6.75% PIPMT P&I CONSTANT, REQUIRED Number two decimals .00 IF PAIDOFF Exhibit D-1 (Form E-2 STANDARD LAYOUT FOR MONTHLY DEFAULTED LOAN REPORT FIELD NAME DESCRIPTION ---------- ----------- % of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form MI Coverage % of Loan Loss Report) are hereby added MI Coverage Actual MI Claim Filed Date The date the Claim to the Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. Exhibit H MI Company was filed Actual Bankruptcy Start Date (filing date) Actual Bankruptcy Start Date (filing date) Actual Claim Amount Filed The amount claimed to the Servicing Agreement MI company on the MI claim Actual Discharge Date Date Bankruptcy was Discharged Actual Due Date Next Payment Due Date Actual Eviction Complete Date Actual Eviction Complete Date Actual Eviction Start Date Actual Eviction Start Date Actual First Legal Date Actual First Legal Date Actual Notice of Intent Date (breach letter date) Actual Notice of Intent Date (breach letter date) Actual Payment Plan End Date The date the Last Pre-petition payment is hereby replaced due from the Trustee in its entirety a chapter 13 BK Actual Payment Plan Start Date The date the First Pre-petition payment is due from the Trustee in a chapter 13 BK Actual Redemption End Date Actual Redemption End Date Actual REO Start Date The date the account was received by Exhibit E attached hereto.
54the REO Deaprtment Appraisal, BPO Costs Total expenses incurred for the purpose of BPO's or Appraisals. Bankruptcy Chapter Bankruptcy Chapter 7,11,13 BK Atty Fees & Costs BK Atty Fees & Costs BK Flag (Man Code) A new Exhibit J code that identifies the account as an active Bankruptcy. Bnk Case # (Transaction Parties7 digit only) Bnk Case # (7 digit only) City City Claim Amount Paid MI Claim Amount Claim Funds Received Date The date the MI Claim funds were received from the MI Company Confirmation Hearing Date Confirmation Hearing Date Current Interest Rate Current Interest Rate Current Loan Amount Unpaid Principal Balance Current P&I Payment Amount Current P&I Payment Amount Date Bid Instructions Sent Date Bid Instructions Sent to Attorney Date F/C Sale Scheduled The date the Foreclosure sale is hereby added scheduled to occur. Date Filed Relief/Dismissal The date the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to motion for Relief or Dismissal was filed with the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of Assignment and Assumption Exhibit C Reserved Exhibit D Reserved Exhibit E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loans, dated and effective as of June 30, 2006, and is executed between HSBC Bank (USA) Inc., as owner (the "Owner"), and Xxxxx Fargo Bank, N.A., as servicer (the "Servicer").BK Court Date Loan Reinstated Date Loan Reinstated
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Intended Third Party Beneficiaries. Notwithstanding any provision herein to the contrary, the parties to this Agreement agree that it is appropriate, in furtherance of the intent of such parties as set forth herein, that the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee receive the benefit of the provisions of this Agreement as intended third party beneficiaries of this Agreement to the extent of such provisions. The Servicer Company shall have the same obligations to the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee as if they were parties to this Agreement, and the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee shall have the same rights and remedies to enforce the provisions of this Agreement as if they were parties to this Agreement. The Servicer Company shall only take direction from the Master Servicer (if direction by the Master Servicer is required under this Agreement) unless otherwise directed by this Agreement. Notwithstanding the foregoing, all rights and obligations of the Trust Fund, the Master Servicer, the Depositor Servicer and the Trustee hereunder (other than the right to indemnification) shall terminate upon termination of the Pooling and Servicing Trust Agreement and of the Trust Fund pursuant to the Pooling and Servicing Trust Agreement.
52. New Exhibit D-1 (Form of Monthly Remittance Advice), Exhibit D-2 (Standard Layout for Monthly Defaulted Loan Report) and Exhibit D-3 (Form of Loan Loss Report) are hereby added to the EXHIBIT B Servicing Agreement and are attached hereto as Exhibits X-0, X-0 and D-3, respectively.
53. See Exhibit H to the Servicing Agreement is hereby replaced in its entirety by Exhibit E attached hereto.
54. A new Exhibit J (Transaction Parties) is hereby added to the Servicing Agreement and is attached hereto as Exhibit F.
55. A new Exhibit K is hereby added to the Servicing Agreement and is attached hereto as Exhibit G. DEFINITIONS 1 POSSESSION OF MORTGAGE FILES; BOOKS AND RECORDS; CUSTODIAL AGREEMENT; DELIVERY OF DOCUMENTS 12 REPRESENTATIONS AND WARRANTIES REMEDIES AND BREACH 14 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS 19 PAYMENTS TO OWNER 38 GENERAL SERVICING PROCEDURES 40 SERVICER TO COOPERATE 46 THE SERVICER 47 SECURITIZATION TRANSACTIONS 49 DEFAULT 58 TERMINATION 61 MISCELLANEOUS PROVISIONS 61 Exhibit A Form of Acknowledgment Agreement Exhibit B Form of 99.10 EXHIBIT C Assignment and Assumption Exhibit C Reserved Exhibit Agreement [INTENTIONALLY OMITTED] EXHIBIT D Reserved Exhibit Mortgage Loan Schedule [INTENTIONALLY OMITTED] EXHIBIT E Form of Custodial Account Certification Exhibit F Form of Escrow Account Certification Exhibit G Form of Power or Attorney Exhibit H SEC CERTIFICATION [Date] Structured Asset Securities Corporation 000 Xxxxxxx Xxxxxx, 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Aurora Loan Services Inc. 0000 Xxxxx Xxxxxx Xxxx, Suite 601 Aurora, Colorado 80014 Re: Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-4 -------------------------------------------------------------------- Reference is made to the Reconstituted Servicing Criteria Exhibit I Sarbanes Certification This is a Servicing Agreement for fixed-rate and adjustable-rate residential first lien and second lien mortgage loansAgreement, dated and effective as of June 30March 1, 2006, and is executed between HSBC Bank (USA) Inc., as owner 2004 (the "OwnerAgreement"), by and Xxxxx Fargo Bankamong Xxxxxx Brothers Holdings, N.A.as seller and GMAC Mortgage Corporation, as servicer (the "Servicer"). I, [identify the certifying individual], a [title] of the Servicer hereby certify to Aurora Loan Services, Inc. (the "Master Servicer") and Structured Asset Securities Corporation (the "Depositor"), and their respective officers, directors and affiliates, and with the knowledge and intent that they will rely upon this certification, that:
1. I have reviewed the information required to be delivered to the Master Servicer pursuant to the Servicing Agreement (the "Servicing Information").
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
